2016 Remdial Law UB Rules and Jurisprudence 3

2016 PRE-WEEK BAR REVIEW MATERIALS In Remedial Law

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Exclusie !"# UNIVERSITY of BATANGAS  APPLI$ATI%&S %' T(E R)LES %' PR%$E*)RE A&* I&TERPRETATI%&S 2

Prepared by: Judge ELEUTERIO LARISMA BATHAN 

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 1++, REVISE* R)LES %& $IVIL PR%$E*)RE 2000 REVISE* R)LES %& $RIMI&AL PR%$E*)RE R)LES %' EVI*E&$E SPE$IAL PR%$EE*I&S

1. An ejectment case was decided by the trial court granng the  plainf’s relie relie sought. I deendant deendant will le a moon or reconsideraon, reconsideraon, will the ling o ! toll the running o the period to appeal"   Ans# No. It the fling a moon or reconsideraon will not stop the running o the reglementary period within which to fle an appeal, because fling a Moon or Reconsideraon against a fnal order or judgment is prohibited in cases governed by the Rules on ummary !rocedure.

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 NOT FOR FOR SALE. SALE.

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Citations omitted.

$. %he trial trial co court urt dismis dismissed sed a ci&il ci&il co compl mplain aintt witho without ut prejud prejudic ice. e. 'hat is the remedy a&ailable to the aggrie&ed party"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

(. 'hat about an order denying a peon or relie rom judgment, what is the remedy a&ailable to the aggrie&ed party"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

). 'hat about an order denying a moon to set aside a judgment  by consent, conession or compromise agreement agreement on the ground o raud, mista*e or duress, or any other grounds &iang consent"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

+. 'hat is the aggrie&ed party’s remedy a&ailable to an order o  eecuon"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

-. 'hat is the aggrie&ed party’s remedy a&ailable against an order  disallowing or dismissing an appeal" 

$. %he trial trial co court urt dismis dismissed sed a ci&il ci&il co compl mplain aintt witho without ut prejud prejudic ice. e. 'hat is the remedy a&ailable to the aggrie&ed party"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

(. 'hat about an order denying a peon or relie rom judgment, what is the remedy a&ailable to the aggrie&ed party"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

). 'hat about an order denying a moon to set aside a judgment  by consent, conession or compromise agreement agreement on the ground o raud, mista*e or duress, or any other grounds &iang consent"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

+. 'hat is the aggrie&ed party’s remedy a&ailable to an order o  eecuon"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

-. 'hat is the aggrie&ed party’s remedy a&ailable against an order  disallowing or dismissing an appeal" 

 Ans. "erorari under Rule #$. It is clearly provided under the Rules o  "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon. It is available when a noce o appeal is denied due course.

. 'hat 'hat is the agg aggri rie& e&ed ed party’ party’ss remedy remedy a&ail a&ailabl able e aga agains instt an interlocutory order"   Ans. "erorari under Rule #$. It is clearly provided under the Rules o "ourt that am order dismissing an acon without prejudice is correcble by "erorari under Rule #$ o the Rules o "ourt, o course, subject to the fling o the re%uisite moon or reconsideraon.

/. 'hen an appeal may be ta*en"  ta&en rom a judgment or fnal order that completely  Ans. It may be ta&en disposes o the case, or o a parcular manner therein when declared by the Rules to be applicable. In may be ta&en by fling a noce o appeal to be fled with the trial court that rendered the judgment or fnal order within f'een ()$* days rom noce o such judgment or fnal order.

0. lain lainf’ f’ss co comp mplai laint nt or or ejectm ejectmen entt was dismi dismisse ssed d by the trial  trial  court, and the appellate appellate court a2rmed the trial court’s dismissal. 'hat, i  any, is the plainf’s net a&ailable remedy, and where to le"   Ans. +he net remedy is to fle peon or review under Rule - o  the Rules o "ourt which is fleable with the "ourt o /ppeals.

13. 13. lai lain nf’ f’ss co comp mpla lain intt or or un unla law wul ul wa wass ch chal alle leng nged ed by the the deendant &ia moon to dismiss on ground that the complaint ailed to sasy the jurisdiconal jurisdiconal re4uirements re4uirements set5orth set5orth in 6econ 6econ 1 o !ule 3 o 

the !ules o 7ourt, parcularly the jurisdiconal allegaon o 1 year rom the me the ser&ice o the noce to &acate. Is 7erorari under !ule -+ a&ailable against the order denying the moon to dismiss"   Ans. 0es. I it is crystal clear rom the complaint that the  jurisdiconal re%uirements set1orth in econ ) o Rule 23 o the Rules o  "ourt are not complied with, and clearly appears that the trial court has no  jurisdicon over the case, "erorari under Rule #$ can be availed o even though the order o denial is an interlocutory order. +he reason is that the trial court gravely abused its discreon amounng to lac& or ecess o   jurisdicon when it ordered the denial o the moon to dismiss despite clear showing that it has no jurisdicon over the case.

11. Is ling a moon or reconsideraon against interlocutory order  in cases go&erned by the !ules on 6ummary rocedure prohibited .  Ans. No. 4hat is prohibited is the fling o an MR against a fnal or interlocutory order. It is not prohibited, because the purpose o allowing the fling o the MR is or the trial court to ta&e a second loo& or the purpose o recying the error.

1$. 'hy is it so that ling a moon or reconsideraon against  interlocutory order in cases go&erned by the !ules on 6ummary rocedure is allowed, which same ! will be a preparatory to a 7erorari peon in the e&ent the ! is denied, and ling a 7erorari peon is one o the  prohibited pleading.  Ans. I it clearly appears that the trial court gravely abused its discreon amounng to lac& or ecess o jurisdicon when it ordered the denial o the moon, Certorari  is available, because grave abuse o  discreon amounng to lac& or ecess o jurisdicon is correcble only by Certorari  under Rule #$, and the purpose o allowing the fling o the MR is or the trial court to ta&e a second loo& or the purpose o recying the error.

1(. 'hat rule shall go&ern the acon or annulment o judgment i  it is led with the 7A in the eercise o its eclusi&e original jurisdicon " 

 Ans. Rule -2.

1). Is real property8s assessed &alue determina&e o trial court8s  jurisdicon in an acon to reco&er possession"  Ans. It depends. /cons to recover possession o real property are real acons. /ccion publiciana and accion interdictal are both possessory acons. +hese are both real acons. /es i it is accion publiciana, real property5s assessed value is determinave o trial court5s jurisdicon, because it is so provided in 6! )7 as amended by R/ 2#7) that it is the assessed value o the property subject o the acon that determines trial court5s eclusive original jurisdicon.

I the /.8. o the property is !3& and below and the property is in the province, then the M+" has eclusive original jurisdicon. I the /.8. o  the property is above !3& and the property is in the province, then the R+" has eclusive original jurisdicon. I the /.8. o the property is !$3& and below and the property is in the N"R, then the Me+" has eclusive original  jurisdicon, and i the /.8. o the property is above !$3& and the property is in the N"R, then the R+" has eclusive original jurisdicon. Basis

ec. 99 6! )7 as amended by R/ 2#7): ;ec. )7. (* In all civil acons which involve the tle to, or possession o, real property, or any interest therein, where the assessed value o the property involved eceeds +wenty thousand pesos (!3,333,33* or, or civil acons in Metro Manila, where such value eceeds clusive original  jurisdicon over cases o orcible entry and unlawul detainer: !rovided, +hat when, in such cases, the deendant raises the %uesons o ownership in his pleadings and the %ueson o possession cannot be resolved without deciding the issue o ownership, the issue o ownership shall be resolved only to determine the issue o possession.= >jectment, unlawul detainer and orcible entry are special civil acon cases (Rule 23, Rules o "ourt*, but also considered as real acons. +he only diBerence is that these cases are governed by the Rules on ummary !rocedure, a proceeding summary in natureC an epedious means o  prevenng an alleged illegal possessor o property rom unjustly connuing his possession or a long me, thereby insuring the maintenance o peace and order in the community, as, otherwise, the party illegally deprived o  possession might eel the despair o long waing and decide, as a measure o sel1protecon, to ta&e the law into his hands and seiDe the same by orce and violence.

1+. In an acon to reco&er possession o real property can the deendant i ails to le an answer be declared in deault"

 Ans. It depends. /es i it is an accion publiciana, because accion publiciana is governed by ordinary rules o procedure, the )772 Revised Rules o "ivil !rocedure, and so long as there is a moon fled by the plainB see&ing to declare the deending party in deault. econ 9, Rule 7 o the )772 Revised Rules o "ivil !rocedure provides that i the deending party ails to answer within the me allowed thereor, the court shall, upon moon o the claiming party with noce to the deending party, and proo o such ailure, declare the deending party in deault. +hereupon, the court shall proceed to render judgment granng the claimant such relie as his pleading may warrant, unless the court in its discreon re%uires the claimant to submit evidence. uch recepon o evidence may be delegated to the cler& o  court.

In addion, a declaraon or order o deault is issuable as a punishment or unnecessary delay in joining issues. &", i it is an acon is accion interdictal (unlawul detainer@ejectment and orcible entry*, because accion interdictal is governed by the Rules on ummary !rocedure. +here is no such thing as declaraon o deault in cases governed by the Rules on ummary !rocedure, because fling a moon to declare deendant in deault is one o the enumerated prohibited pleading under econ )7 o the )77) Revised Rules on ummary !rocedure. Basis   econ )7 (h*, )77) RR! 1 Moon to declare deendant in deault.

1-. In an acon to reco&er possession o real property is &ericaon a re4uirement in ling an answer" I yes, why" I in the nega&e, why is &ericaon not a re4uirement"   Ans. It depends. /es i it is an accion interdictal answer must be verifed. +he )77) Revised Rules on ummary !rocedure re%uires that all pleadings must be

verifed. "ompliance is a mandatory re%uirement. In 9allacar %ransit, Inc. &s. 7atubig, :.!. ;o. 1++1$, ay (3, $311 , included Aall pleadings fled in civil cases under the )77) Revised Rules on ummary !rocedure= in the enumeraon o pleadings that re%uires verifcaon. +he purpose o re%uiring a verifcaon is to secure an assurance that the allegaons o the peon have been made in good aithC or are true and correct, not merely speculave. +his re%uirement is simply a condion aBecng the orm o pleadings, and noncompliance therewith does not necessarily render it atally deecve. Indeed, verifcaon is only a ormal, not a jurisdiconal, re%uirement. Basis: )772 RR! econ 9 (6* /ll pleadings shall be verifed. (/* the only pleadings allowed to be fled are the complaints, compulsory counterclaims and cross1claims pleaded in the answer, and the answers thereto. &" i it is an accion publiciana answer must not be verifed. It does not re%uire verifcaon, because it is governed by ordinary rules o  procedure, the )772 Revised Rules o "ivil !rocedure, aside rom the act that answer is not an iniatory pleading, thereore, no need o verifcaon re%uirement.

1. hrobie was sentenced to sufer an indeterminate penalty rom  our ntries subject to cancellaon or correcon. L pon good and valid grounds, the ollowing entries in the civil register may be canceled or corrected: (a* birthsC (b* marriagesC (c* deathsC (d* legal separaonsC (e*  judgments o annulments o marriageC (* judgments declaring marriages void rom the beginningC (g* legimaonsC (h* adoponsC (i* ac&nowledgments o natural childrenC (j* naturaliDaonC (&* elecon, loss or recovery o ciDenshipC (l* civil interdiconC (m* judicial determinaon o  fliaonC (n* voluntary emancipaon o a minorC and (o* changes o name. >". 9. !ares. L 4hen cancellaon or correcon o an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be aBected thereby shall be made pares to the proceeding. >". -. Noce and !ublicaon. L pon the fling o the peon, the court shall, by an order, f the me and place or the hearing o the same, and cause reasonable noce thereo to be given to the persons named in the peon. +he court shall also cause the order to be published once a wee& or three (9* consecuve wee&s in a newspaper o general circulaon in the province. >". $. Fpposion. L +he civil registrar and any person having or claiming any interest under the entry whose cancellaon or correcon is sought may, within f'een ()$* days rom noce o the peon, or rom the last date o publicaon o such noce, fle his opposion thereto. >". #. >peding proceedings. L +he court in which the proceedings is brought may ma&e orders epeding the proceedings, and may also grant preliminary injuncon or the preservaon o the rights o the pares pending such proceedings. >". 2. Frder. L /'er hearing, the court may either dismiss the peon or issue an order granng the cancellaon or correcon prayed or.

In either case, a cerfed copy o the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record.

$3. Is Budicial !ecognion o Doreign Budgment +IFN/R0* in determining the merits o the prayer or eempon case under 6econ (