Civil Procedure
Short Description
Civil procedure...
Description
San Beda College of Law 10
MEMORY A AID
IN REMEDIAL LAW
CIVIL PROCEDURE RULE 1 GENERAL PROVISIONS Stat Statut utes es regu regula lati ting ng the the proc procedu edure re of courts will be construed as applicable to actions pending and undetermined at the time of their passage so long as vested rights will not be impaired. Under the 1987 Constitution, Constitution, the rulemaing power of the Supreme Court has the following limitations! 1. shall hall prov provid ide e a simpl implif ifie ied d and and ine"pe ine"pensi nsive ve proced procedure ure for the speed# disposition of cases$ %. Uniform for all courts of the same grade, and &. Shal Shalll not dimi dimini nish sh,, incr increa ease se or modif# modif# substa substanti ntive ve rights rights '(rt. '(rt. )*** Sec. ++.
Section 3. Cases governed. ACTION CLAI (n ordinar# suit in a court of /ustice
( right possessed b# one against another
0ne part# prosecutes he moment said another for the claim is filed before a enforcement or court, the claim is protection of a right converted into an or the prevention or action or suit. redress of a wrong.
CLASSI!ICATION O! ACTIONS. '( ORDINAR" CIVIL SPECIAL CIVIL ACTION ACTION 2overned b# ordinar# rules
(lso governed b# ordinar# rules but SU345C to specific rules prescribed '6ules % to 71.
ormal demand of Special features not ones legal rights in a found in ordinar# civil court of /ustice in the actions manner prescribed b# the court or b# the law
'3 ACTION IN RE :irected against the thing itself
ACTION IN ACTION PERSONA #UASI IN RE :irected against particular persons
:irected against particular persons
4udgment is 4udgment is 4udgment binding on the binding onl# binding upon whole world upon parties particular impleaded or persons, but their the real motive successors in is to deal with interest real propert# or to sub/ect said propert# to certain claims. 5". ;and 5". action to 5". Unlawful registration recover detainer or case$ probate damages$ forcible entr#$ proceedings action for /udicial for allowance breach of foreclosure of of a will. contract mortgage.
he distinction determining the /udgment. 'C REAL ACTION
is important in 55C of t he
PERSONAL ACTION
I$ED ACTION
0wnership or personal propert# is 3oth real and possession of sought to be personal real propert# is recovered or where properties are involved damages for breach involved of contract are sought ounded on ounded on privit# ounded on privit# of of contract both estate e". (ccion 5". (ction for a sum e". (ccion reinvidicatoria of mone# publiciana with a claim for damages
he he dist distin inct ctio ion n is sign signif ific ican antt in the the determination of venue. u re>uisi isite te doc docet et fees fees 'det 'deter ermi mine ned d on the the basi basiss of the the amount amount of the claim claim includ including ing the damage damagess indica indicated ted in bod# bod# or the pra#er of the pleading *t is not simpl# the the filin ling of the complaint complaint or the appropriat appropriate e initiator initiator# # pleadin pleading g but also the pa#ment pa#ment of the prescribed docet fee that vests a trial court with /urisdiction over the sub/ect matter or nature of the action. he court ma# allow the pa#ment of the deficient docet fee within a reasonable period period but not be#ond the applicabl applicable e prescriptive or reglementar# period. (n action can be commenced b# filing the the comp compla lain intt b# regi regist ster ered ed mail mail.. *n which case, it is the date of mailing that is considered as the date of filing, and not the date of the receipt thereof b# the cler of court. he date of the filing of an amended complaint /oining additional defendant is the date of the commencement of the action action with with regard regard to such such additi addition onal al defendant.
IN REMEDIAL LAW
Section +. Constr,ction. Genera- R,-e* ;iberal construction . Ece/tions* a. regl regleme ement ntar ar# # peri period odss b. rule rule on on for forum um shop shoppi ping ng
RULE 0 CAUSE O! ACTION Section 0. Ca,se o' Action de'ined. Essentia- e-e&ents o' ca,se o' action 1. 5"is 5"isten tence ce of a lega legall right right of the the plaintiff$ %. Correlative legal dut dut# of the defendant to respect ones right$ &. (ct (ct or omis omissi sion on of the the defe defend ndan antt in viol violat atio ion n of the the plai plaint ntif iff fss legal right$ and ?. Complia liance with a condition precedent. CAUSE CAU SE O! O! ACTI ACTION ON RI RIG2 G2T T O! AC ACTI TION ON delict or wrongful act remedial right or right or omission committed to relief granted b# b# the defendant in law to a part# to violation of the institute an action primar# rights of the against a person who plaintiff has committed a delict or wrong against him he reason for the the remed# or means action afforded or the conse>uent relief the formal statement right that is given @ of alleged facts the right to litigate because of the occurrence of the alleged facts :etermined b# facts determined b# as alleged in the substantive law complaint and not the pra#er therein
RELIE!
REED"
SU4ECT ATTER
the redress, the the thing, protection, procedure or wrongful act, award or t#pe of contract or coercive action which propert# which measure which ma# be is
REMEDIAL LAW COMMITTEE CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"reProce+"re- Alnaia Hasi$an Hasi$an )S/ecial Ci*il Ac!ions Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 11
MEMORY A AID
': LOCAL ACTION
=ust be brought in a particular place, in the absence of an agreement to the contrar#
5". (ction to recover real propert#
TRANSITOR" ACTION 2enerall#, must be brought where the part# resides regardless of where the cause of action arose 5". (ction to recover sum of mone#
Section %. Co&&ence&ent o' action. An action is co&&enced ()* 1. fili filing ng of the the compla complain intt 'the 'the date date of the filing determines whether or not the action action has alread# prescribed prescribed$$ and %. pa#ment pa#ment of the the re>u re>uisi isite te doc docet et fees fees 'det 'deter ermi mine ned d on the the basi basiss of the the amount amount of the claim claim includ including ing the damage damagess indica indicated ted in bod# bod# or the pra#er of the pleading *t is not simpl# the the filin ling of the complaint complaint or the appropriat appropriate e initiator initiator# # pleadin pleading g but also the pa#ment pa#ment of the prescribed docet fee that vests a trial court with /urisdiction over the sub/ect matter or nature of the action. he court ma# allow the pa#ment of the deficient docet fee within a reasonable period period but not be#ond the applicabl applicable e prescriptive or reglementar# period. (n action can be commenced b# filing the the comp compla lain intt b# regi regist ster ered ed mail mail.. *n which case, it is the date of mailing that is considered as the date of filing, and not the date of the receipt thereof b# the cler of court. he date of the filing of an amended complaint /oining additional defendant is the date of the commencement of the action action with with regard regard to such such additi addition onal al defendant.
IN REMEDIAL LAW
Section +. Constr,ction. Genera- R,-e* ;iberal construction . Ece/tions* a. regl regleme ement ntar ar# # peri period odss b. rule rule on on for forum um shop shoppi ping ng
RULE 0 CAUSE O! ACTION Section 0. Ca,se o' Action de'ined. Essentia- e-e&ents o' ca,se o' action 1. 5"is 5"isten tence ce of a lega legall right right of the the plaintiff$ %. Correlative legal dut dut# of the defendant to respect ones right$ &. (ct (ct or omis omissi sion on of the the defe defend ndan antt in viol violat atio ion n of the the plai plaint ntif iff fss legal right$ and ?. Complia liance with a condition precedent. CAUSE CAU SE O! O! ACTI ACTION ON RI RIG2 G2T T O! AC ACTI TION ON delict or wrongful act remedial right or right or omission committed to relief granted b# b# the defendant in law to a part# to violation of the institute an action primar# rights of the against a person who plaintiff has committed a delict or wrong against him he reason for the the remed# or means action afforded or the conse>uent relief the formal statement right that is given @ of alleged facts the right to litigate because of the occurrence of the alleged facts :etermined b# facts determined b# as alleged in the substantive law complaint and not the pra#er therein
RELIE!
REED"
SU4ECT ATTER
the redress, the the thing, protection, procedure or wrongful act, award or t#pe of contract or coercive action which propert# which measure which ma# be is
REMEDIAL LAW COMMITTEE CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"reProce+"re- Alnaia Hasi$an Hasi$an )S/ecial Ci*il Ac!ions Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 12
MEMORY A AID
IN REMEDIAL LAW
the breach total, hence there can onl# be one action action for damage damagess (Blossom & Co. vs. Manila Gas Corp., 55 Phil. 226 226 the plaintiff pra#s the court to render in his favor as a conse>uence of the delict committed b# the defendant
availed of b# directl# the plaintiff involved in the as the means action, to obtain the concerning desired which the relief wrong has been done and with respect to which the controvers# has arisen.
Section %. 4oinder o' ca,ses o' action. 6ule in this section is D56=*SS*)5 and the plai plaint ntif ifff can can alw alwa#s a#s file file a sepa separa rate te action for each cause of action.
Sectio Section n 5. S/-itt S/-itting ing a sing-e sing-e ca,se ca,se o' action e''ect o'.
Par. 7a8* he /oinder of causes of action ma# ma# invo involv lve e the the same same or diff differ eren entt parties. *f the /oinder involved different parties, it must compl# with Sec. 6ule &, thus, there must be a >uestion of fact or law common to both parties /oined aris arisin ing g out out of the the same same or ser series ies of transactions.
SPLITTING O! CAUSE O! ACTION @ is the practice of dividing one cause of action into into differ different ent parts parts and maing maing each each part sub/ect of a separate complaint.
Par. 7(8 re9,ires t6at : onl# causes of action in ordinar# civil actions ma# be /oin /oined ed,, obvi obviou ousl sl# # beca becaus use e the# the# are are sub/ect to the same rules.
(pplies A0 onl# to complaints but also to counterclaims and crossclaims.
Par. 7c8 (s long as one cause of action falls within the /urisdiction of the 6C, the case can be filed there even if the =C has /urisdiction over the others.
Re&ed) against s/-itting a sing-e ca,se o' action* (. =otion =otion to to dismis dismisss on the the groun ground d of! ;iti ;itiss pend penden enti tia, a, if the the firs firstt compla complaint int is still still pendin pending g '6ule '6ule 1, Sec. 1e$ or 6es /udicata, if an# of the the complaints is terminated b# final /udgment '6ule 1, Sec. 1f 3. (n answ answer er alleg llegin ing g eit either her of the the above-cited above-cited grounds grounds as affirmati affirmative ve defense '6ule 1, Sec.
Genera- R,-e on Divisi(-e Contract ( contract to do several things at several times times is divisi divisible, ble, and /udgme /udgment nt for a single breach of a continuing contract is not not a bar bar to a suit suit for for a subs subse> e>ue uent nt breach. Doctrine o' Antici/ator) reac6 5ven 5ven if the contract contract is divisi divisible ble in its perfor performan mance ce and the futur future e period periodic ic deliveries deliveries are not #et due, if the obligor has alread# alread# manifes manifested ted his his refusa refusall to compl# with his future per periodic dic obligations, Bthe contract is entire and
Pars. 7d8 e&(odies t6e TOTALIT" RULE Section 33 BP129, as amended by RA 7691 - uestion of law or fact common to all the plaintiffs or defendants$ and &. Such /oinder is not otherwise proscribed b# the provisions of the 6ules on /urisdiction and venue. SERIES O! TRANSACTIONS @ transactions connected with the same sub/ect of the action. INDISPENSALE PARTIES
NECESSAR" PARTIES
he action cannot proceed unless the# are /oined
he action can proceed even in the absence of some necessar# parties
Ao valid /udgment if indispensable part# is not /oined
he case ma# be determined in court but the /udgment therein will not resolve the entire controvers# if a necessar# part# is not /oined
he# are those with such an interest in the controvers# that a final decree would necessaril# affect their rights so that the court cannot proceed without their presence
IN REMEDIAL LAW
he# are those whose presence is necessar# to ad/udicate the whole controvers# but whose interests are so far separable that a final decree can be made in their absence without affecting them
SOLIDAR" DETORS @ either is indispensable and the other is not even a necessar# part# because complete relief ma# be obtained from either. Section =. Non>:oinder o' necessar) /arties to (e /-eaded. he non-inclusion of a necessar# part# ma# be e"cused onl# on meritorious grounds. he court ma# order the inclusion of the omitted necessar# part# if /urisdiction over his person ma# be obtained b# ordering plaintiff to file an amended complaint impleading the necessar# part# therein as co-defendant. he onl# sanction for failure to implead a necessar# part# when ordered b# the court and /urisdiction can be obtained over said part# is a waiver of the claim against him. his is considered as an e"ception to the provision on penalties imposed on a disobedient part# under Sec. & of 6ule 17 which would have entailed the dismissal of the complaint itself.
Section 11. is:oinder and non>:oinder o' /arties. Aeither mis/oinder nor non-/oinder of parties is a ground for dismissal of the action. 0b/ections to defects in parties should be made at the earliest opportunit# @ the moment such defect becomes apparent @ b# a =0*0A 0 S6*H5 E5 A(=5S 0 E5 D(6*5S impleaded. *f there is mis/oinder, a separate action should be brought against the part# mis/oined.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 15
MEMORY AID he absence of an indispensable part# renders all subse>uent actions of the court null and void for want of authorit# to act, not onl# as to the absent parties but even as to those present.
IN REMEDIAL LAW
Service of summons upon a defendant whose identit# is unnown ma# be made b# publication in a newspaper of general circulation in accordance with Section 1? of 6ule 1?.
Section 10. C-ass s,it. RE#UISITES O! A CLASS ?REPRESENTATIVE SUIT. 1. sub/ect matter of the controvers# is one of common or general interest to man# persons$ %. parties affected are so numerous that it is impracticable to bring them all before the court$ &. parties bringing the class suit are sufficientl# numerous or representative of the class and can full# protect the interests of all concerned. C-ass S,it
Per&issive 4oinder o' Parties
here is one single cause of action pertaining to numerous persons
here are multiple causes of action separatel# belonging to several persons.
Section 15. Un@non identit) or na&e o' de'endant. Re9,isites* 1. there is a defendant %. his identit# or name is unnown &. fictitious name ma# be used because of ignorance of defendants true name and said ignorance is alleged in the complaint ?. identif#ing description ma# be used! sued as unnown owner, heir, devisee, or other designation +. amendment to the pleading when identit# or true name is discovered . defendant is the defendant being sued, not a mere additional defendant
Section 1%. Entit) it6o,t :,ridica/ersona-it) as de'endant. he# ma# be sued under the name b# which the# are generall# nown, but the# cannot sue under such name for lac of /uridical personalit#. he service of summons ma# be effected upon all the defendants b# serving upon an# of them, or upon the person in charge of the office or place of business maintained under such name. (Se#. $, ule 1%"
INSTANCES ;2ERE SUSTITUTION O! PARTIES IS PROPER* A. Deat6 o' /art)< d,t) o' co,nse- 7Sec. 1+8 his provision applies where the claim is not thereb# e"tinguished as in cases involving propert# and propert# rights such as! 1. recover# of real and personal propert# against the estate. %. enforcement of liens on such properties &. recover# for an in/ur# to person or propert# b# reason of tort or delict committed b# the deceased. *n this case, the heirs will be substituted for the deceased 06 if no legal representative is named then the court will order the opposing part# to procure the appointment of an e"ecutor or administrator for the estate of the deceased. *n case of minor heirs, the court ma# appoint a guardian ad litem for them.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 1
MEMORY AID he substitute defendant need not be ORDER O! summoned. he SUSTITUTION shall be served upon the parties substituted for the court to ac>uire /urisdiction over the substitute part#
*f there is failure to notif# the fact of death! the case ma# continue and proceedings will be held valid, and /udgment will bind the successors in interest.
. Deat6 or se/aration o' a /art) 6o is a /,(-ic o''icer 7Sec. 1B8 he action ma# be maintained b# and against his successor. he action contemplated here is one brought against the public officer in his official capacit#.
C. S,/ervening Inco&/etence or inca/acit) o' a /art) 7Sec. 18 he action shall continue to be prosecuted b# or against him, personall# or assisted b# the corresponding guardian. D. Trans'er o' interest 7Sec. 1=8 Substitution of parties in this section is A0 mandator#, it being permissible to continue the action b# or against the original part# in case of transfer of interest penente lite. Unless the substitution b# or the /oinder of the transferee is re>uired b# the court, failure to do so does not warrant the dismissal of the case. ( transferee penente lite is a proper, and not an indispensable part#. he case will be dismissed if the interest of plaintiff is transferred to defendant UA;5SS there are several plaintiffs, in which case, the remaining plaintiffs can proceed with their own cause of action.
Section 0. Action &one) c-ai&s.
on contract,a-
IN REMEDIAL LAW
Re9,isites* 1. he action must primaril# be for recover# of mone#, debt, or interest thereon, and not where the mone# sought therein is merel# incidental thereto. %. he claim, sub/ect of the action, arose from a contract, e"press or implied, entered into b# the decedent in his lifetime or the liabilit# for which had been assumed b# or is imputable to him. *f defendant dies before entr# of final /udgment in the court where it was pending at that time, the action shall not be dismissed but shall be allowed to continue until entr# of final /udgment thereon. Eowever, e"ecution shall not issue in favor of the winning part#. *t should be filed as a claim against the estate of the decedent.
Section 01. Indigent /art). Indigent @ one who has no propert# or income sufficient for his support aside from his labor, even if he is selfsupporting when able to wor and in emplo#ment. Ee need not be a pauper to entitle him to litigate in 'orma pauperis. ualif#ing or restrictive words, venue stipulation is merel# permissive meaning that the stipulated venue is in addition to the venue provided for in the rule (Poltrae Corp. vs. Blan#o 3) SC! 1$*"
Section 1. Ven,e o' rea- actions. I' /ro/ert) is -ocated at t6e (o,ndaries o' to /-aces! file one case in either place at the option of the plaintiff. I' case invo-ves to /ro/erties -ocated in to di''erent /-aces* 1. *f the properties are the ob/ect of the same transaction, file it in an# of the two places. %. *f the# are the sub/ects of two distinct transactions, separate actions should be filed in each place unless properl# /oined. Section 0. Ven,e o' /ersona- actions. RESIDENCE @ the place where the part# actuall# resides with continuit# and consistenc#, whether permanent or
eans o' aiving ven,e* 1. failure to ob/ect via motion to dismiss %. affirmative relief sought in the court where the case is filed &. voluntar# submission to the court where the case is filed ?. laches Section 3. Ven,e o' actions against non>residents. RULES 1. NON>RESIDENT !OUND IN T2E P2IL. a. for personal actions @ where the plaintiff resides$ and b. for real actions @ where the propert# is located. 0. NON RESIDENT NOT !OUND IN T2E P2IL. (n action ma# be filed onl# when the case involves! a. Dersonal status of plaintiff @ venue! where plaintiff resides$ b. (n# propert# of said defendant located in the Dhil. @ venue! where the propert# or an# portion thereof is situated or found. he Supreme Court has the power to order a change of venue to prevent a miscarriage of /ustice.
Dis&issa- o' Action 'or I&/ro/er Ven,e he court ma# not motu propio dismiss a complaint on the ground of improper
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 1"
MEMORY AID
IN REMEDIAL LAW
venue. (n e"ception is provided in Section ? of the 6evised 6ule on Summar# Drocedure.
iling of verified complaint with the =C
court ma# summon the defendant
uired nor crosse"amination of witnesses allowed. (ll that is re>uired is that within '1I da#s from receipt b# the parties of the courts pre-trial order, the# shall submit '1 the affidavits of their witnesses '% and other evidence on the factual issues set forth in the pre-trial order, ogether with their position papers setting forth the law and the facts relied upon b# them. 4udgments of inferior courts in cases governed b# summar# procedure are appealable to the 6C. he decision of the 6C in civil cases under this rule, including e/ectment cases, are *==5:*(5;K e"ecutor#.
FATARUNGANG PAARANGA" LA; 7Tit-e One oo@ III RA B1+8
Ao complaint, petition, action, or proceeding involving an# matter within the authorit# of the lupon shall be filed or instituted directl# in court or an# other government office for ad/udication UNLESS
1. PART" COPLAINT
COPLAINT IN INTERVENTION
3rings into the action a third person who was not originall# a part#.
Same
*nitiative is with the *nitiative is with a person alread# a part# non-part# who sees to the action. to /oin the action.
TESTS to deter&ine 6et6er t6e t6ird> /art) co&/-aint is in res/ect o' /-ainti''s c-ai&* 1. uire plaintiff to submit evidence e" parte.
IN REMEDIAL LAW
PARTIAL DE!AULT* 1. he pleading asserting a claim states a common cause of action against several defending parties %. some of the defending parties answer and the others fail to do so &. the answer interposes a common defense E!!ECT O! PARTIAL DE!AULT* he court will tr# the case against (;; defendants upon the answer of some 5LC5D where the defense is personal to the one who answered, in which case, it will not benefit those who did not answer. REED" !RO 4UDGENT " DE!AULT 7!LO; C2ART8 4udgment b# default
=otion for new trial or reconsideration at an# time after service of /udgment b# default and within 1+ '&I da#s the refrom
ailure to file motion for new trialJ :enial of said motion
Court maintains 3efore /udgment b# default is rendered, defendant ma#! move to set aside order of default upon showing! (=5 Ee has a meritorious defense (vail of 6ule + in proper cases
Derfect appeal from said /udgment b# default within the balance of said 1+ '&I - da# period
order of default ailure to appeal without defendants faul
Detition for relief from /udgment within I da#s from notice of the /udgment but within months from entr# thereof
E$TENT O! RELIE!
Dresentation of plaintiffs evidence e"parte
Court sets aside order of default and defendant is allowed to file an answer *f plaintiff
TO
E
(nnulment of 4udgment under 6ule ?7
A;ARDED IN A 4UDGENT " DE!AULT* Shall not e"ceed the amount 06 be different in ind from that pra#ed for
*f plaintiff fails to prove CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS : Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae allegations, his allegaU(JECT EAS %en!"ra, Jocelyn &a'ala S H : Jona O'iña Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ /udgment b# tions, case)Ci*il is S/ecial Jeenice +e Sa0"n )Cri$inal Proce+"reElaine Mas"ka! )E*i+ence Case set Procee+in0sfor default. dismissed. pre-trial
REMEDIAL LAW C OMMITTEE proves his
San Beda College of Law 2#
MEMORY AID A06
award
unli>uidated
damages.
RULE 1 AENDED AND SUPPLEENTAL PLEADINGS AENDENTS Section 1. A&end&ents in genera-. c-ai&. he pleader ma# set up a counterclaim or cross-claim b# amendment before /udgment when he fails to set it up b# reason of oversight, inadvertence, or e"cusable neglect ort when /ustice re>uires. ;eave of court is necessar# %
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 31
MEMORY AID RULE 10 ILL O! PARTICULARS ILL O! PARTICULARS - a more definite statement of an# matter which appears vague or obscure in a pleading. PURPOSE* to aid in the preparation of a responsive pleading. =otion for bill of particulars must be filed within the reglementar# period for the filing of a responsive pleading. he filing of a motion if sufficient in form and substance, will interrupt the time to plead. he motion for bill of particulars ma# be granted in whole or in part as not all the allegations >uestioned b# the movant are necessaril# ambiguous as to re>uire clarification. ( bill of particulars ma# be filed either in a separate or an amended pleading. ( bill of particulars becomes part of the pleading which it supplements.
E!!ECTS O! OTION 1. *f the motion is granted, the movant can wait until the bill of particulars is served on him b# the opposing part# and then he will have the balance of the reglementar# period within which to file his responsive pleading. %. *f his motion is denied, he will still have such balance of the reglementar# period to do so, counted from service of the order den#ing his motion. *n either case, he will have at least + da#s to file his responsive pleading.
E''ect o' non>co&/-iance* 1. *f the 0rder is not obe#ed or in case of insufficient compliance therewith, the court! a. ma# order the striing out of the pleading or the portion thereof to
IN REMEDIAL LAW
which the order is directed$ or b. mae such order as it ma# deem /ust. %. *f plaintiff, his compliant will be stricen off and dismissed '6ule 1%, sec. ?$ 6ule 17, sec. & &. *f defendant, his answer will be stricen off and his counterclaim dismissed, and he will be declared in default upon motion of the plaintiff '6ule 1%, sec. ?$ 6ule 17, sec. ?$ 6ule 9, sec. &.
RULE 13 !ILING AND SERVICE O! PLEADINGS 4UDGENTS AND OT2ER PAPERS Aotice given to a part# who is dul# represented b# counsel is a nullit#, unless service thereof on the part# himself was ordered b# the court or the technical defect was waived.
Section 3. anner o' 'i-ing. 1. Dersonall# %. b# registered mail iling b# mail should be through the registr# service which is made b# deposit of the pleading in the post office, and not through other means of transmission. *f registr# service is not available in the localit# of either sender or addressee, service ma# be done b# ordinar# mail. *f a private carrier is availed of b# the part#, the date of actual receipt b# the court of such pleading and not the date of deliver# to the carrier, is deemed to be the date of the filing of that pleading.
NOTE* D56S0A(; and SU3S*U5: service as applied to pleadings have a different meaning compared to summons under 6ule 1?.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 32
MEMORY AID
ODES O! SERVICE PLEADINGS 1. D56S0A(; S56)*C5 a. :elivering personall# a cop# to the part# or his counsel or$ b. ;eaving a cop# in counsels office with his cler or with a person having charge thereof or$ c. ;eaving the cop# between 8 a.m. and p.m. at the part#s or counsels residence, if nown, with a person of sufficient age and discretion residing therein--if no person found in his office, or if his office is unnown, or if he has no office. %. S56)*C5 3K =(*; *f no registr# service is available in the localit#, of either sender or addressee, service ma# be done b# ordinar# mail. &. SU3S*U5: S56)*C5 :elivering the cop# to the cler of court with proof of failure of both personal and service b# mail.
4UDGENTS !INAL ORDERS RESOLUTIONS 7Sec.=8 1. 3# personal service$ or %. 3# registered mail$ &. 3# publication, if part# is summoned b# publication and has failed to appear in the action. he# can be served onl# under the three modes. he# C(AA0 be served b# substituted service.
NOTE* ( resort to modes other than b# personal service must be accompanied b# a ;ritten euire /urisdiction over the person of the defendant, and$ %. to give notice to the defendant that an action has been commenced against him. E!!ECT O! NON>SERVICE* Unless there is waiver, non-service or irregular service renders null and void all subse>uent proceedings and issuances in the action from the order of default up to and including the /udgment b# default and the order of e"ecution. uired on the amended complaint if it does not introduce new causes of action. 3ut where the defendant was declared in default on the original complaint and the plaintiff subse>uentl# filed an amended complaint, new summons must be served on the defendant on the amended
IN REMEDIAL LAW
complaint, as the original complaint was deemed withdrawn upon such amendment.
Section 3. ) 6o& served. Summons ma# be served b#! 1. Sheriff %. Sheriffs deput#, or &. 0ther proper court officers, or ?. or /ustifiable reasons, b# an# suitable person authoriFed b# the court issuing the summons. En,&eration is E$CLUSIVE. ALIAS SUONS issued when original has not produced its effect because it is defective in form or manner of service, and when issued, supersedes the first 'Section +. FINDS O! SERVICE O! SUONS* 1. personal service %. substituted service &. b# publication *n actions in personam where the defendant cannot be served with summons personall# or b# substituted service, the case must first be converted into an in rem or >uasi in rem action b# attaching the propert# of the defendant found in the Dhilippines before summons can be served b# publication. *f no propert# can be found, the action shall be archived but shall not be dismissed. (Citi=ens Suret vs. Court !ppeals"
SERVICE O! SUONS ON DI!!ERENT ENTITIES Servi#e on entit Upon an# or all ;>o :urii#al defendants being sued personalit under common name$ or person in charge of office Service upon minors and incompetents
*n case of minors! b# serving upon the minor, regardless of age, (A: upon his legal guardian, or also upon either of his parents. *n case of incompetents! b# serving on him personall# (A: upon his
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 34
MEMORY AID legal guardian, but not upon his parents, unless when the# are his legal guardians *A (AK 5)5A, if the minor or incompetent has no legal guardian, the
Dhilippines in which defendant has a lien or interest$ demands a relief
which consists wholl# or in part in e"cluding the defendant from an# interest in an# propert# within the Dhil$ or propert# of defendant has been attached in the Dhil.
plaintiff must obtain the appointment of a guardian ad litem for him. Service upon prisoner
Serve on officer having management of the /ail or prison
Service upon domestic private /uridical entit# 5A*K
o the president, managing partner, general manager, corporate secretar#, treasurer, or in-house counsel. A05! Service upon a person other than those mentioned is invalid and does not bind the corporation. he enumeration is 5LC;US*)5.
Service upon foreign private /uridical entit#
Serve on resident agent $ or if none$ on govt official designated b# law$ or on an# officer or agent of the corporation within the Dhilippines.
Service upon public corporations
in case defendant is the 6epublic of the Dhilippines - b# serving upon the Solicitor 2eneral in case of a province, cit# or municipalit#, or lie public corporations @ b# serving on its e"ecutive head, or on such other officer or officers as the law or the court ma# direct.
5"traterritorial service
6e>uisites a. defendant does not reside or is not found within the Dhil. b. he action either! affects the personal status of plaintiff$ relates to or the sub/ect of which is propert# within the
IN REMEDIAL LAW
ode o' service a.with leave of court served outside the Dhil. 3# personal service$ or b.with leave of court serve b# publication in a newspaper of general circulation, in which case cop# of the summons and order of court must also be sent b# registered mail to the last nown address of defendant$ or c. an# other manner the court deem sufficient.
Service upon a resident temporaril# out of the Dhil.
Substituted service or with leave of court, personal service out of the Dhil. as under e"traterritorial service
Service upon an unnown defendant or whose whereabouts are unnown
uivalent to service of summons 5LC5D where such appearance is precisel# to ob/ect to the
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 35
MEMORY AID /urisdiction of the court over the person of the defendant. *nclusion in a motion to dismiss of other grounds aside from lac of /urisdiction over the person of the defendant shall A0 be deemed a voluntar# appearance.
RULE 1% OTIONS
OTION @ is an application for relief other than b# a pleading. GENERAL RULE* =otions must be in writing. E$CEPTION* hose made in open court or in the course of hearing or trial. FINDS O! OTIONS a. motion ! PART!- made without the presence or a notification to the other part# because the >uestion generall# presented is not debatable. b. motion O. CO/RS! @ where the movant is entitled to the relief or remed# sought as a matter of discretion on the part of the court. c. 0(T(AT!" motion @ one made with notice to the adverse part# to give an opportunit# to oppose. d. SP!C(A 0 motion - motion addressed to the discretion of the court.
GENERAL RULE! ( motion cannot pra# for /udgment. E$CEPTIONS* 1. =otion for /udgment on the pleadings %. =otion for summar# /udgment &. =otion for /udgment on demurrer to evidence. Section 5. 2earing on &otion. 3>DA" NOTICE RULE GENERAL RULE* Service of the cop# of motions should be made in such a
IN REMEDIAL LAW
manner as shall ensure its re#eipt at least & da#s before the hearing. E$CEPTIONS* 1. 5" parte motions %. Urgent motions &. =otions agreed upon b# the parties to be heard on shorter notice or /ointl# submitted b# the parties, and ?. =otions for summar# /udgment which must be served at least 1I da#s before its hearing +. Aon-litigated motions.
Section %. Notice o' 6earing. A0*C5 0 E5(6*A2 shall! 1. 3e addressed to all parties concerned %. Specif# the time and date of the hearing which must not be later than 1I da#s after the filing of the motion NOTE* (n# motion that does not compl# with Sections ?, + and of this 6ule is a mere scrap of paper, should not be accepted for filing and, if filed, is not entitled to /udicial cogniFance and does not affect an# reglementar# period involved for the filing of the re>uisite pleading. O&ni(,s otion R,-e - (ll available grounds for ob/ection in attacing a pleading, order, /udgment, or proceeding should be invoed at one time, otherwise, the# shall be deemed waived. otion 'or -eave to file a pleading or motion shall be accompanied b# the pleading or motion sought to be admitted, otherwise, the latter will be denied. RULE 1+ OTION TO DISISS A otion to Dis&iss is NOT a responsive pleading. Section 1. Gro,nds. 1. Ao /urisdiction over the person of the defending part#
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 3
MEMORY AID %. Ao /urisdiction over the sub/ect matter of the claim &. *mproper venue ?. Ao legal capacit# to sue +. ;itis pendentia . 6es /udicata 7. Drescription 8. States no cause of action 9. Claim or demand has been paid, waived, abandoned, or otherwise e"tinguished 1I. Claim is unenforceable under the Statute of rauds 11. Aon-compliance with a condition precedent for filing claim
OTION TO DISISS OTION TO DISISS UNDER RULE 1+ UNDER RULE 33 7de&,rrer to evidence8 2rounded on preliminar# ob/ections.
based on insufficienc# of evidence.
ma# be filed b# an# =a# be filed onl# b# defending part# the defendant against against whom a claim the complaint of the is asserted in the plaintiff. action. should be filed within =a# be filed onl# after the time for but prior the plaintiff has to the filing of the completed the answer of the presentation of his defending part# to the evidence. pleading asserting the claim against him. *f denied, defendant *f denied, defendant answers, or else he ma# present evidence ma# be declared in if granted, plaintiff default appeals and the 0rder *f granted, plaintiff of the dismissal is ma# appeal or if reversed, the subse>uent case is not defendant loses his barred, he ma# re-file right to present the case evidence.
E''ect o' &otion to dis&iss* ( motion to dismiss h#potheticall# admits the truth of the facts alleged in the complaint.
IN REMEDIAL LAW
Eowever, such admission is limited onl# to all material and relevant facts which are well pleaded in the complaint. (n action cannot be dismissed on a ground not alleged in the motion even if said ground is provided for in 6ule 1.
E$CEPT* 1. hose cases where the court ma# dismiss a case motu proprio 'Sec. 1, 6ule 9 %. Such ground appears in the allegations of the complaint or in plaintiffs evidence RE#UISITES O! LITIS PENDENTIA 1. Darties to the action are the same %. here is substantial identit# in the cause of action and relief sought &. he result of the first action is determinative of the second in an# event and regardless of which part# is successful =otion to dismiss ma# be filed in either suit, not necessaril# in the one instituted first.
RE#UISITES O! RES 4UDICATA 1. Drevious final /udgment %. 4urisdiction over the sub/ect matter and the parties b# the court rendering it &. 4udgment upon the merits ?. *n a case prosecuted between same parties +. *nvolving the same sub/ect matter . Same cause of action here could be res /udicata without a trial, such as in a /udgment on the pleadings '6ule &?$ a summar# /udgment '6ule &+$ or an order of dismissal under Section & of 6ule 17. uired.
:ismissal is without :ismissal is without pre/udice to the right pre/udice to the right of the defendant to of the defendant to prosecute his prosecute his counterclaim in a counterclaim on the separate action unless same or separate wJin 1+ da#s from action. notice of the motion he manifests his intention to have his counterclaim resolved in the same action
RULE 1 PRE>TRIAL PRE>TRIAL- a mandator# conference and personal confrontation before the /udge between the parties and their respective counsel. he plaintiff must promptl# move e" parte that the case be set for pre-trial , and this he must do upon the service and filing of the last pleading. he pre-trial and trial on the merits of the case must be held on separate dates.
;6en non>a//earance o' a /art) &a) (e ec,sed 7Sec.58* 1. *f a valid cause is shown therefore %. *f a representative shall appear in his behalf full# authoriFed in writing to! a. 5nter into an amicable settlement b. Submit to alternative modes of dispute resolution c. 5nter into stipulations or admissions of facts and of documents ( special authorit# for an attorne# to compromise is re>uired under Sec. 03 R,-e 13. Under Art. 1B 7c8 o' t6e
E!!ECT O! NON>APPEARANCE O! PLAINTI!!! Cause for dismissal of the action, with pre/udice, unless otherwise ordered b# the court. E!!ECT O! NON>APPEARANCE O! DE!ENDANT* Cause to allow the plaintiff to present evidence e" parte and the court to render /udgment on the basis thereof. Pre>tria- (rie'. *t is the mandator# dut# of the parties to seasonabl# file their pre-trial briefs under the conditions and with the sanctions provided therein. ailure to file pre-trial brief has the same effect as failure to appear at the pre-trial.
Record o' /re>tria-. he contents of the D65-6*(; order shall control the subse>uent course of the action, UA;5SS modified before trial to prevent manifest in/ustice. ( part# is deemed to have waived the delimitations in a pre-trial order if he failed to ob/ect to the introduction of evidence on an issue outside of the pretrial order, as well as in cross-e"amining the witness in regard to said evidence.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 40
MEMORY AID @- C+! - P84!7 P7S. S + A P!G.
IN REMEDIAL LAW
1. 0ne who has legal interest in the matter in litigation %. 0ne who has legal interest in the success of either of the parties, &. 0ne who has an interest against both parties ?. 0ne who is so situated as to be adversel# affected b# a distribution or other disposition of propert# in the custod# of the court or of an officer thereof.
!ACTORS TO E CONSIDERED " T2E COURT 1. TRIAL
Ao Settlement
(micable Settlement
(greements made b# parties$ (mendments to pleading$ Schedule of trial
ailure to (ppear
*f plaintiff is (bsent, when so re>uired to attend, the court ma# dismiss the case
*f defendant is absent, court ma# hear evidence of plaintiff e" parte
TRIAL
Co,rt renders decision
*f evidence is insufficient to prove plaintiffs cause of action or defendants counterclaim, court rules in favor of either one or dismisses the case
%. uiring him to attend and to testif# at the hearing or the trial of an action, or at an# investigation conducted b# competent authorit#, or for the taing of his deposition. SUPOENA DUCES TECU @ a process directed to a person re>uiring him to bring with him boos, documents, or other things under his control. Section 0. ) 6o& iss,ed ;2O &a) iss,e 1. Court before whom the witness is re>uired to attend %. Court of the place where the deposition is to be taen &. 0fficer or bod# authoriFed b# law to do so in connection with investigations conducted b# said officer or bod# ?. (n# 4ustice of the SC or of the C( in an# case or investigation pending within the Dhilippines. SU3D05A( 0 ( D6*S0A56 @ must be for a valid purpose$ if prisoner re>uired to appear in court is sentenced to death, reclusion perpetua or life imprisonment and is confined in prison @ must be authoriFed b# the SC.
Section 5. #UAS2ING A SUPOENA. (. S,(/oena DUCES TECU ma# be >uashed upon proof that! 1. *t is unreasonable and oppressive$ %. he articles sought to be produced do not appear prima facie to be relevant to the issues$
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 42
MEMORY AID &. he person asing for the subpoena does not advance the cost for the production of the articles desired. 3. S,(/oena AD TESTI!ICANDU ma# be >uashed if the witness is not bound thereb#. *n 5*E56 case, the subpoena ma# be >uashed for failure to tender the witness fees and ilometrage allowed () t6e R,-es.
GENERAL RULE a. he court which issued the subpoena ma# issue a warrant for the arrest of the witness and mae him pa# the cost of such warrant and seiFure, if the court should determine that his disobedience was willful and without /ust cause 'Sec. 8$ b. he refusal to obe# a subpoena without ade>uate cause shall be deemed a contempt of the court issuing it 'Sec.9. Ece/tions* Drovisions regarding the compelling of attendance 'Sec. 8 and contempt 'Sec. 9 does not appl# where! a. uir#. uest ma# be made! at an# time after the issues have been /oined.
;6at re9,est &a) inc-,de 1. (dmission of the genuineness of an# material and relevant document described in and e"hibited with the re>uest. %. (dmission of the truth of an# material and relevant matter of fact set forth in the re>uest. &. Under this rule, a matter of fact not related to an# documents ma# be presented to the other part# for admission or denial. Section 0. I&/-ied Ad&ission. he effect of a (*;U65 to mae a repl# to a re>uest for admission is that each of the matters of which an admission is re>uested is deemed admitted. ( sworn statement either den#ing specificall# each matter or setting forth
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 4
MEMORY AID in detail the reasons wh# he cannot truthfull# admit or den# those matters must be filed and served upon the part# re>uesting the admission.
Section 3. E''ect o' ad&ission. US5! (n admission under this section is for the purpose of the pending action onl# and cannot be used in other proceedings. he part# who fails or refuses to re>uest the admission of facts in >uestion is prevented from thereafter presenting evidence thereon UA;5SS otherwise 7Sec.%8. allowed b# the court
RULE 0B PRODUCTION OR INSPECTION O! DOCUENTS OR T2INGS Droduction of documents affords more opportunit# for discover# than a subpoena duces tecum because in the latter, the documents are brought to the court for the first time on the date of the scheduled trial wherein such documents are re>uired to be produced. he TEST to be applied in determining the relevanc# of the document and the sufficienc# of their description is one of reasonableness and practicalit#.
PRODUCTION OR INSPECTION O! DOCUENTS OR T2INGS
SUPOENA DUCES TECU
5ssentiall# a mode of discover# he 6ules is limited to the parties to the action he order under this 6ule is issued onl# upon motion with notice to the adverse part#
means of compelling production of evidence ma# be directed to a person whether a part# or not ma# be issued upon an e" parte application.
RULE 0 P2"SICAL AND ENTAL E$AINATION O! PERSONS
IN REMEDIAL LAW
he &enta- condition of a part# is in controvers# in proceedings for 2U(6:*(ASE*D over an imbecile or insane person, while the /6)sicacondition of the part# is generall# involved in DEKS*C(; *A4U6*5S cases. Since the results of the e"amination are intended to be made public, the same are not covered b# the ph#sician-patient privilege.
Section 5. ;aiver o' /rivi-ege. uences are! 1. he has to furnish the other part# a cop# of the report of an# previous or subse>uent e"amination of the same ph#sical and mental condition, (A: %. he waives an# privilege he ma# have in that action or an# other involving the same controvers# regarding the testimon# of an# other person who has so e"amined him or ma# thereafter e"amine him.
RULE 0= RE!USAL TO COPL" ;IT2 ODES O! DISCOVER" SANCTIONS 1. Contempt$ %. Da#ment of reasonable fees$ &. he matters regarding which the >uestions were ased, character or description of land et al., be taen to be in accordance with the claim of part# obtaining the order$ ?. Drohibition on the refusing part# to produce evidence or support or oppose designated claims or defenses$ +. Striing out pleadings, order the dismissal of the action or sta# the action until compliance or to render /udgment b# default. . 0rder the arrest of the refusing part# e"cept in cases of ph#sical or mental e"amination.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 4!
MEMORY AID RULE 3 TRIAL TRIAL @ /udicial process of investigating and determining the legal controversies starting with the production of evidence b# the plaintiff and ending with his closing arguments. GENERAL RULE* when an issue e"ists, trial is necessar#. :ecision should not be made without trial. E$CEPTIONS* when there ma# be /udgment without trial! 1. 4udgment on the Dleading '6ule &? %. Summar# 4udgment '6ule &+ &. 4udgment on Compromise ?. 4udgment b# Confession +. :ismissal with Dre/udice '6ule 17
IN REMEDIAL LAW
&otion to /ost/one tria- 'or i--ness o' /art) or co,nse-. here must be an affidavit or sworn certification showing! 1. presence of part# or counsel at the trial is indispensable$ and %. character of his illness is such as to render his non-attendance e"cusable. Section %. Order o' directed () t6e co,rt.
tria-
,n-ess
Section 3. Re9,isites o' &otion to /ost/one tria- 'or a(sence o' evidence. here must be an affidavit showing! 1. materialit# or relevance of such evidence$ and %. due diligence in procuring it.
Unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pretrial order.
*f the adverse part# admits the facts for which evidence is to be presented, the trial will not be postponed.
Section +. Agreed state&ents o' 'acts. his is nown as S*DU;(*0A 0 (CS and is among the purposes of a pre-trial.
Dlaintiff presents evidence
:efendant presents evidence to support his defenseJcountercla imJcrossclaimJ third part# complaint
hird part# defendant presents eidence, if an#
Section 5. Re9,isites
:efendant files demurrer to evidence
o'
*f court grants motion! 6enders dismisal
*f court denies motion! Continues with hearing
he parties ma# also stipulate verball# in open court. Such stipulations are binding unless relief therefrom is permitted b# the court on good cause shown, such as error or fraud. 3ut counsel cannot stipulate on what their respective 5)*:5AC5 consists of and as that /udgment be rendered on the basis of such stipulation. Stipulations of facts are not permitted in actions for (AAU;=5A 0 =(66*(25 and for ;52(; S5D(6(*0A.
Section . S,s/ension o' actions. Art. 03 o' t6e Civi- Code . 5ver# civil action or proceeding shall be suspended 1. *f willingness to discuss a possible compromise is
6ebuttal 5vidence b# (fter RDarties EMEDIAL LAW COMMITTEE Dresentation of CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae evidence! %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ oral arguments S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence submission of DECISION memoranda
San Beda College of Law 4"
MEMORY AID e"pressed b# one or both parties$ or %. *f it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other part# refused the offer.
Section =. 4,dge to receive evidence< de-egation to c-er@ o' co,rt. GENERAL RULE! the /udge must himself personall# receive and resolve the evidence of the parties. 2oever, the reception of such evidence ma# be delegated under the following conditions! 1. he delegation ma# be made onl# in defaults or e" parte hearings, or an agreement in writing b# the parties. %. he reception of evidence shall be made onl# b# the cler of that court who is a member of the bar. &. Said cler shall have no power to rule on ob/ections to an# >uestion or to admission of evidence or e"hibits$ and ?. Ee shall submit his report and transcripts of the proceedings, together with the ob/ections to be resolved b# the court, within 1I da#s from the termination of the hearing. RULE 31 CONSOLIDATION OR SEVERANCE GENERAL RULE* Consolidation is discretionar# upon the court E$CEPTIONS* Consolidation becomes a matter of dut# when! 1. if the cases are pending before the same /udge 06 %. if filed with different branches of a court and one of such cases has A0 been partiall# tried. RE#UISITES !OR CONSOLIDATION* 1. uestion of law or fact, and %. he actions are pending before the same court
IN REMEDIAL LAW
if filed with :*565A courts, authoriFation from the SC is necessar#.
3 ;A"S O! CONSOLIDATING CASES* 1. b# 65C(S*A2 E5 C(S5S (;65(:K *AS*U5:, conducting onl# one hearing and rendering onl# one decision$ %. b# C0AS0;*:(*A2 E5 5L*S*A2 C(S5S and holding onl# one hearing and rendering onl# one decision$ and &. b# E5(6*A2 0A;K E5 D6*AC*D(; C(S5 and suspending the hearing on the others until /udgment has been rendered in the principal case. 7TEST>CASE ET2OD8 Consolidation of cases on appeal and assigned to different divisions of the SC and the C( is also authoriFed. 2enerall#, the case which was appealed later and bearing the higher docet no. is consolidated with the case having the lower docet no.
RULE 30 TRIAL " COISSIONER COISSIONER> a person to whom a cause pending in court is referred, for him to tae testimon#, hear the parties and report thereon to the court, and upon whose report, if confirmed, /udgment is rendered. 6eference to a commissioner ma# be had b# the written consent of both parties. Situations when reference to a Commissioner ma# be made on motion 'Sec.%! 1. 5"amination of a long account %. aing of an account is necessar# &. Muestion of fact, other than upon the pleading arises$ or ?. Carr#ing a /udgment or order into effect. :isobedience to a subpoena issued b# the commissioner is deemed a contempt of the court which appointed the latter.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 4#
MEMORY AID RULE 33 DEURRER TO EVIDENCE Section 1. De&,rrer to evidence.
DEURRER TO EVIDENCE
OTION TO DISISS
*t is presented after the plaintiff has rested his case
presented before a responsive pleading 'answer is made b# the defendant he ground is based it ma# be based on an# on insufficienc# of of those enumerated evidence in 6ule 1
0 Scenarios OTION DENIED
OTION GRANTED UT REVERSED ON APPEAL
=ovant shall have the =ovant is deemed to right to present his have waived his right evidence to present evidence. he decision of the appellate court will be based onl# on the evidence of the plaintiff as the defendant loses his right to have the case remanded for reception of his evidence. denial is order of the court is *A56;0CU06K. Sec. an (:4U:*C(*0A 0A 1 , 6ule & 'that E5 =56*S, hence, /udgment should state the re>uirement in clearl# and distinctl# Sec. 1, 6ule & the facts and the law should be complied on which it is based, with. will not appl#. he denial is A0 appealable.
C*)*; C(S5S
IN REMEDIAL LAW
if the court finds if the court finds the plaintiffs evidence prosecutions insufficient, it will evidence insufficient, grant the demurrer b# it will grant the dismissing the demurrer b# complaint. he rendering /udgment /udgment of dismissal is ac>uitting the appealable b# the accused. 4udgment of plaintiff. *f plaintiff ac>uittal is not appeals and /udgment appeallable$ double is reversed b# the /eopard# sets-in appellate court, it will decide the case on the basis of the plaintiffs evidence with the conse>uence that the defendant alread# loses his right to present evidence no res /udicata in dismissal due to demurrer if court denies if court denies the demurrer, defendant demurrer! will present his *f demurrer was with evidence leave, accused ma# present his evidence *f the demurrer was without leave, accused can no longer present his evidence and submits the case for decision based on the prosecutions evidence
4UDGENT ON DEURRER TO EVIDENCE is a /udgment rendered b# the court dismissing a case upon motion of the defendant, made after plaintiff has rested his case, on the 260UA: that upon the facts presented b# the plaintiff and the law on the matter, plaintiff has not shown an# right to relief. RULE 35 4UDGENT ON T2E PLEADINGS
C6*=*A(; C(S5S
:efendant need not as leave of court is for leave of court$ necessar# so that the accused could present his evidence if the demurrer is denied
( /udgment on the pleadings must be on motion of the claimant. 'A0 SUDD06*A2 D(D56S (65 65MU*65: 35C(US5 5)56E*A2 *S 3(S5: 0A E5 D;5(:*A2S. E0uidated damages. Claim for such damages must be alleged and proved.
NO 4UDGENT ON T2E PLEADINGS IN ACTIONS !OR 1. :eclaration of nullit# of marriage %. (nnulment of marriage &. ;egal Separation
otion to Dis&iss
otion 'or :,dg&ent on t6e /-eadings
iled b# a defendant iled b# the plaintiff to a complaint, if the answer raises counterclaim, cross- no issue. claim or &rd-part# complaint
*f the complaint states no cause of action, a motion to dismiss should be filed and not a motion for /udgment on the pleading.
RULE 3% SUAR" 4UDGENTS SUAR" 4UDGENT 0ne granted b# the court for the prompt disposition of civil actions wherein it clearl# appears that there e"ists A0 genuine issue or controvers# as to an# material fact.
IN REMEDIAL LAW
;6o can !i-e 1. Dlaintiff! he must wait for the answer to be filed and served, and thus for the issue to be /oined, before he can move for summar# /udgment. %. :efendant! he can move for summar# /udgment at an#time, that is, an#time after filing and service of the complaint even before he answers he motion for summar# /udgment must be supported b# 718 affidavit, 708 depositions of the adverse part# or a third part#, or 738 admissions of the adverse part#, all intended to show that! a. there is no genuine issue as to an# material fact, e"cept damages which must alwa#s be proved, and b. the movant is entitled to a /udgment as a matter of law. he summar# /udgment ma# be a /udgment on the merits, in which case, an appeal ma# be taen therefrom.
SUAR" 4UDGENT
4UDGENT 4UDGENT ON T2E " DE!AULT PLEADINGS 7R,-e =8
3ased on the pleadings, depositions, admissions and affidavits (vailable to both plaintiff and defendant
based solel# on based on the the pleadings. complaint and evidence, if presentation is re>uired. generall# (vailable to available onl# plaintiff. to the plaintiff, unless the defendant presents a counterclaim. he answer no issues as no fails to tender answer is filed an issue or b# the there is an defending admission of part#. material allegations.
here is no genuine issue between the parties, i.e. there ma# be issues but these are irrelevant 1I-da# notice &-da# notice &-da# notice re>uired re>uired rule applies.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 51
MEMORY AID =a# be 0n the merits interlocutor# or on the merits
0n the merits
RULE 3+ 4UDGENTS !INAL ORDERS AND ENTR" T2EREO!
4UDGENT> final consideration and determination b# a court of the rights of the parties, upon matters submitted to it in an action or proceeding. he date of finalit# of the /udgment or final order shall be deemed to be the date of its entr#.
RE#UISITES O! A 4UDGENT* 1. *t should be in writing, personall# and directl# prepared b# the /udge %. =ust state clearl# and distinctl# the facts and the law on which it is based &. *t should contain a dispositive part and should be signed b# the /udge and filed with the cler of court. PROULGATION- the process b# which a decision is published, officiall# announced, made nown to the public or delivered to the cler of court for filing, coupled with notice to the parties or their counsel.
IN REMEDIAL LAW
he power to amend a /udgment is inherent to the court before /udgment becomes final and e"ecutor#. (fter /udgment has become e"ecutor#, the court cannot amend the same
E$CEPT* 1. o mae corrections of clerical errors, not substantial amendments, as b# an amendment nnc 45o tnc. %. o clarif# an ambiguit# which is borne out b# and /ustifiable in the conte"t of the decision. &. *n /udgments for support, which can alwa#s be amended from time to time.
ANNER O! ATTACFING 4UDGENTS* 1. Direct attac@ a. before finalit# 1. motion for new trial or reconsideration$ %. appeal b. after finalit# 1. relief from /udgment, rule &8 %. annulment of /udgment, 6ule 5B. 0.Co--atera- attac@
EORANDU DECISION- a decision of the appellate court which adopts the findings and the conclusion of the trial court. 4UDICIAL COPROISE ( /udgment based on a compromise which has the force of law and is conclusive between parties. Aot appealable. •
•
A 4UDGENT is considered RENDERED Upon filing of the signed decision. his includes an amended decision because an amended decision is a distinct and separate /udgment and must follow the established procedural rule.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 52
MEMORY AID PROULGATION O! 4UDGENT
•
Court 6enders :ecision •
;osing Dart#
(ccepts decision without further contest
Court maintains decision
*f no appeal is taen or did not avail of remedies, /udgment becomes final and e"ecutor#
iling appeal within 1+J&I da#s from notice of /udgment
uires the performance of an act 0E56 E(A! 1. he pa#ment of mone#$ and
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 5
MEMORY AID %. he sale of real or personal propert# Section 1. Eec,tion U/on 4,dg&ents and !ina- Orders.
E$ECUTION (SS/!S AS A ATTER O! RIG2T* 1. on motion %. upon a /udgment or order that disposes of the action or proceeding (A: &. upon e"piration of the period to appeal therefrom and A0 appeal has been dul# perfected. GENERAL RULE* court cannot refuse e"ecution UNLESS* 1. 5"ecution is UA4US 06 *=D0SS*3;5 %. 5>uitable grounds lie a CE(A25 *A S*U(*0A of the parties which maes e"ecution ine>uitable &. 4udgment A0)(5: b# parties ?. 5"ecution is en/oined +. 4udgment has become :06=(A MU(SE(; 0 u re>uir ired ed to obe# obe# the the same and such part# ma# be punished for contempt if he disobe#s.
LEV" > act b# which an officer sets apart or appropriates a part of the whole of the propert# of the /udgment debtor for purposes or the e"ecution sale. he lev# on e"ecution shall create a lien in favor or the /udgment /udgment creditor over the right, right, title and interest of the /udgment debtor in such propert# at the time of the lev#. he lev# on e"ecution creates a lien in favor of the /udgment creditor sub/ect to prior liens and encumbrances.
GARNIS2ENT - act of appropriation b# the court when propert# of debtor is in the hands of third persons he garnishee or the & rd person who is in poss posses esssion ion of the the prop proper ert# t# of the the /udg /udgmen mentt debto debtorr is deem deemed ed a 'orced intervenor.
ATTAC2ENT
GARNIS2ENT
REMEDIAL LAW COMMITTEE CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"reProce+"re- Alnaia Hasi$an Hasi$an )S/ecial Ci*il Ac!ions Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 5"
MEMORY A AID 6efers to corporeal propert# in the possession of the /udgment debtor.
refers to mone#, stocs, credits and other incorporeal propert# which belong to /udgment debtor but is in the possession or under the control of a third person
Sect Sectio ion n 1+. 1+. Proc Procee eedi ding ngss ;6er ;6ere e Pro/ert) C-ai&ed ) T6ird Person. REEDIES o' T2IRD PART" CLAIANT 1. Summar# heari aring befo efore the the cour courtt wh whic ich h auth author oriF iFed ed the the e"ecution$ %. T!RC!R(A or third part# part# claim claim filed with the sheriff$ &. (ctio (ction n for for dama damage gess on the the bond bond posted b# /udgment creditors$ or ?. *ndepen epend dent ent reinvidicator# action. he remedies are cumulative and ma# be reso resort rted ed to b# thir third d part part# # clai claima mant nt independentl# of or separatel# from the others. *f winning part# files a bond, it is onl# then then that hat the the sher heriff iff can can tae tae the the propert# in his possession. * A0 30A:, cannot proceed with the sale.
SALE ON E$ECUTION Aotice of sale is re>uired before levied propert# can be sold at public auction 'Sec. 1+. 6eme 6emed# d# agai agains nstt an irre irregu gula larr sale sale is =0*0A 0 )(C(5 06 S5 (S*:5 E5 S(;5 S(;5 to be file filed d in the the cour courtt wh whic ich h issued the writ.
REDEPTION 7Secs. 0B J 08 Rig6t o' Rede&/tion* 1. Derson Dersonal al Dro Dropert pert# # @ A0A5$ A0A5$ sale sale is absolute %. 6eal 6eal Drope Dropert# rt# @ there there is a righ rightt of redemption ;2O &a) redee& 7Sec. 0B8 0nl# the following!
IN REMEDIAL LAW
a. 4udgment obligor, or his successor in interest, in whole or an# part of the propert#$ 06 b. 6edemp 6edempti tion oner er who who is a credi credito torr having a! 1 ;ie ;ien b# attachment ent on the propert# sold subs subse>u e>uent ent to the the lien lien under which the propert# was sold, % ;ien ;ien b# b# /udg /udgme ment nt on on the the propert# sold subse>uent to the lien under which the propert# was sold$ & ;ien ;ien b# b# mort mortga gage ge on on the the propert# sold subse>uent to the lien under which the propert# was sold.
;2EN CAN REDEPTION E ADE 3K E5 4U:2=5A 03;*206! uestions of fact and law. APPEAL TO T2E RTC =ode of (ppeal @ Aotice of (ppeal within fifteen '1+ da#s from receipt of decision. (fter an appeal to the 6C has been perfected, the =C loses its /urisdiction over the case and an# motion for the e"ecution of the /udgment should be filed with the 6C. he Summar# 6ules no longer appl# when the cases is on appeal. •
•
•
Section 0. ;6en to A//ea-. 1. uestions raised therein are too unsubstantial to re>uire consideration. *t is merel# discretionar# on the C( to order the elevation of the records. his is because until the petition is given due course, the trial court ma# still issue a warrant of e"ecution pending appeal and in some cases such as e/ectment and those of Summar# Drocedure, the /udgments are immediatel# e"ecutor#. *t is onl# when the C( deems it necessar# that the Cler of the 6C will be ordered to elevate the records of the case.
IN REMEDIAL LAW
C0U6 0 (DD5(;S in an original action for certiorari under 6ule + ' St. Martin @uneral +ome vs. 7C, Sept. 16, 199$" . ( part# adversel# affected b# a decision or ruling of the C( en an# ma# file with the Supreme Court a verified petition for review on certiorari pursuant to 6ule ?+ Sec% 12, RA 9228.
RULE 55 ORDINAR" APPEALED CASES
Section =. A//e--ants re/-) (rie'. ailure to file appellantNs brief on time is a ground for dismissal of the appeal. *f a motion to dismiss an appeal has been filed, it suspends the running of the period for filing the appellant brief, as the same would be unnecessar# should the motion be granted. he failure of the appellant to mae specific assignment of errors in his brief or page references to the record as re>uired in this section is a ground for dismissal of his appeal.
Section 1%. #,estions t6at &a) (e raised on a//ea-. he appeal can raise onl# >uestions of law or fact that 1. were raised in the court below$ and %. are within the issues framed b# the parties thereon.
RIE! vs. EORANDU RULE 53 APPEALS !RO T2E COURT O! TA$ APPEALS AND T2E #UASI>4UDICIAL AGENCIES TO T2E CA
RIE!
EORANDU
4udgments and final orders or resolutions of the A;6C are reviewable b# the
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 5
MEMORY AID 0rdinar# appeals
Certiorari, Drohibition, =andamus, Muo uire the appellee to comment
Section 1. it6 S,/re&e
!i-ing o' /etition Co,rt
*f given due course, parties ma# submit memoranda
SC ma# affirm, reverse, or modif# /udgment of the lower court
IN REMEDIAL LAW
(ppeals to the SC can be taen from a /udgment or final order or resolution of the C(, the Sandiganba#an, the 6C or such other courts as ma#be authoriFed b# law and onl# b# verified petition for review on certiorari on >uestions of law ece/t onl# in appeals from /udgments of the 6C in criminal cases wherein the penalt# imposed is life imprisonment or reclusion perpetua which shall be elevated b# ordinar# appeal, or wherein the death penalt# is imposed which is sub/ect to automatic review.
GENERAL RULE! the findings of fact of the C( are final and conclusive and cannot be reviewed on appeal to the SC. E$CEPTIONS to CONCLUSIVENESS O! !ACTS* 1. uestions >uer# invites the of interpretation of calibration of the the law with respect whole evidence to certain set of facts considering mainl# the credibilit# of witnesses, e"istence and relevanc# of specific surrounding circumstances and relation to each other and the whole probabilities of the situation
RULE 5+ ORIGINAL CASES Section 0. To 6at actions a//-ica(-e. Under 3.D. 3lg. 1%9, the C( has original
Sta#s the /udgment or
Unless a writ of
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law !
MEMORY AID /urisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus and >uo warranto, and au"iliar# writs or processes, whether or not the# are in aid of its appellate /urisdiction, and it has e"clusive original /urisdiction over actions for annulment of /udgments of 6egional rial Courts.
Section 5. 4,risdiction over /erson 6o ac9,ired. 4URISDICTION IS AC#UIRED* 1. 0ver the D5**0A56 - b# filing of the petition. %. 0ver the 65SD0A:5A - b# the service on the latter of the order or resolution indicating the courts initial action on the petition and A0 b# the service on him of the petition or b# his voluntar# submission.
Section %. Action () t6e co,rt. PROCEDURAL OUTLINE 7origina- cases in t6e Co,rt o' A//ea-s8 1. iling of the petition %. 0rder to ac>uire /urisdiction over respondents 06 0utright dismissal for failure to compl# to re>uirements also form and pa#ment of docet and other legal fees. &. 6e>uire respondents to file C0==5A within 1I da#s from A0*C5 ?. Court ma# re>uire the filing of a 65D;K or such other pleadings as it ma# deem necessar# +. :etermination of (CU(; *SSU5S, the court ma# delegate the reception of evidence on such issues to an# of its members. RULE 5B ANNULENT O! 4UDGENTS OR !INAL ORDERS AND RESOLUTIONS (nnulment of /udgment is a remed# in law independent of the case where the /udgment sought to be annulled was
IN REMEDIAL LAW
rendered and ma# be availed of though the /udgment has been e"ecuted. 0ne important condition for the availment of this remed# - the petitioner failed to move for new trial in, or appeal from, or file a petition for relief against, or tae other appropriate remedies assailing the >uestioned /udgment or final order or resolution through no fault attributable to him. *f he failed to avail of those other remedies without sufficient /ustification, he cannot resort to annulment provided in this 6ule, otherwise he would benefit from his own inaction or negligence.
Gro,nds 'or ANNULENT O! 4UDGENT 1. e"trinsic fraud or collateral fraud$ %. lac of /urisdiction$ 5"trinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief.
E$TRINSIC OR COLLATERAL !RAUD is an# fraudulent act of the prevailing part# in the litigation which is committed outside of the trial of the case, whereb# the defeated part# has been prevented from e"hibiting full# and fairl# presenting his side of the case.
E$TRINSIC !RAUD
LACF O! 4URISDICTION
Deriod of ? #ears from 3efore it is barred iling discover# b# laches or action estoppel 5ffect of /udgment
rial court will tr# the case
0riginal action ma# be refiled
Section. %. Action () t6e co,rt. To stages* 1. ( preliminar# evaluation of the petition for prima facie merit therein, and
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law "
MEMORY AID %. he issuance of summons as in ordinar# civil cases and such appropriate proceedings thereafter as contemplated in Sec. . he rule allows the C( to dismiss the petition outright as in special civil actions. or the court to ac>uire /urisdiction over the respondent, the rule re>uires the issuance of summons should prima facie merit be found in the petition and the same is given due course.
RULE 5 PRELIINAR" CON!ERENCE Section 3. inding e''ect o' t6e res,-ts o' t6e con'erence *n the C(, this procedural device ma# be availed of not onl# in original actions but also in cases on appeal wherein a new trial was granted on the ground of newl# discovered evidence. he C( can act as a trier of facts, hence the preliminar# conference authoriFed is a convenient ad/unct to such power and function.
RULE 5= ORAL ARGUENT Section 3. No 6earing or ora- arg,&ent 'or &otions =otions in the SC and the C( do not contain notices of hearing as no oral arguments will be heard in support thereof$ and if the appellate court desires to hold a hearing thereon, it will itself set the date with notice to the parties.
RULE % DISISSAL O! APPEAL Section 1. Gro,nds 'or dis&issa- o' a//ea
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