REMEDIAL LAW NOTES for PRELIM based on Judge Pareja Discussion

8/31/21 Notes on Elements of Cause of Action. Very

important.
Start Sec 19
Lack of cause of action
No more motion to dismiss now. It’s now in
affirmative defense.
Class suit – you must belong to that class. Must also
all agree.
Transfer of interest pending litigation GR: Action may be continued
by or against the transferor.

- Against transferee
only
- Joined them
- The joinder against the
transferee is not
mandatory in order to
be bound by the
judgment. (not
indispensable)
- They are successors
in interest and bound
by the judgment of
final order.
Action on contractual money claims (money arising Case Dismiss
from contract and defendant dies before entry of
final judgment) -creditors can still claim
against the state
Example: X vs Y. The court
rendered decision favoring
plaintiff. But plaintiff died
before judgment became final
and executory.
SC: Continue until entry of
final judgment and execution.
Legal basis: since there are
still estate which the creditor
can run against. The creditor
must prove its claims. Apply
the preference of creditors.

-if nidaug ka, you can just

present the judgment. No need
to prove. Advantage ni nimo.
No more pauper litigant. Indigent party na. GR: Not required to pay docket
fees. indigent is not equivalent
to pauper litigant.

Sufficient and available for

food and basic necessity.

Example: Teacher claims she

Page 1 of 24
 is indigent

When to advice the SG when action is pending in In any action involving

court treaty….the court may require
(discretion only) the
appearance of SG in person or
with rep.

Section 1 Venue of REAL actions (local) Actions affecting Title to,

possession of real property
or interest therein.

Including Partition,
expropriation, foreclosure of
mortgage on real property.
-where the property, or a
potion thereof is situated

-can be MTC or RTC,

depending on value.

MTC =<400k
RTC >400k

Buy Noche Book

Forcible Entry/ Unlawful detainer Exclusive MTC

Q: Suppose X wants to
recover a parcel of land. X
resident of Cebu. Y is also
from Cebu. Property is found
in Dumaguete. Action filed in
Cebu.

Is the judge correct?

SC: Wrong. Venue is for

convenience of parties. May
be waived. What cannot be
waived is jurisdiction. So, the
case may be filed in the MTC
in Cebu with consent of both
parties. Court cannot motu
propio dismiss the case on the
ground of proper venue.
Real vs Personal action Venue
Annul dead of sale to recover ownership Still real action
-Recission of sale to recover real property Still real action. Always look
into the nature of the principal
-Declare null and void the certificate of title to recover remedy sought. Do not be
Such title confused with the title.
Recovery of sum, in the event of failure to pay the
amount, foreclosure of the real estate mortgage shall
commence.
Extra judicial foreclosure of real property

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 Action to redeem by mortgage
Go vs UCPB: Annulment of real mortgage because
Go is asserting his interest in the property
Revival of Judgment if involves property (within 5
years)
PERSONAL CTION Where the plaintiff or any of
the defendant resides.

MTC Non-resident defendant –

RTC where he may be found at the
election of the plaintiff.
In case of trustee, follow the principal not the trustee
Residence vs Domicile
Annulment of Marriage against a foreigner who is a Since its affect personal status
non-resident still file
If a non-resident also has a property in the Phil, you
can also sue.

What if not enough ang property to pay the judgment

amount? Can no longer recover since in personam
na man.

Basta main point la ng is what can you recover

against a non-resident?

Two exceptions:
1. Affecting personal status
2. Affecting status of property located in the PH
even if defendant is a non-resident.
3. Provided by special laws. Example OFW
4. Parties have agreed in WRITING as to the
exclusive venue thereof BEFORE the filing of
an action
Jurisidction v Dacoycoy vs IAC: Criminal cases, venue is
venue jurisdictional. Venue is where the crime has been
committed. Except if there is an order from SC to
change venue.
Teves case: About sa ticket

RTC and MTC

Ejectment – Summary Procedure
Rule 6 Kinds of Pleadings
*Pleadings (definition)
vs

Motion (pray for an order not included in the final

judgment, except motion for summary judgment)

Defenses:
Negative
affirmative
Pleadings Under 2019 rules, ultimate facts and evidentiary
allowed (Sec matters
2)
Essential fact- cannot be stricken out

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 Must be supported

*not include conclusion of law, conclusion of fact.

Example: contract is valid or legal, just reasonable,
void and voidable

*action in civil procedure -

*in complaint best to add, plaintiff prays for such
other legal or equitable remedy allowed by law.
Compulsory counterclaim- cannot be filed in a
separate action
Reply , not necessary under new rule. If purpose is
to deny the new matter allege

Exception: interpose a new matter

[G.R. No. L- Two passengers of an inter-island vessel sued The Supreme Court sustained
37750. May petitioner company in the Court of First Instance of the trial court and declared the
19, 1978.] Misamis Oriental for breach of contract of carriage. condition void and
unenforceable as contrary to
Petitioner moved to dismiss the complaint on the public policy which is to make
ground of improper venue. The motion was premised the courts accessible to all
on the condition printed at the back of the tickets that who may have need of their
actions arising from "the provisions of this ticket shall services.
be filed in the competent courts in the City of Cebu.

The trial court denied the motion to dismiss as well

as the motion for reconsideration. The Supreme
Court sustained the trial court and declared the
condition void and unenforceable as contrary to
public policy which is to make the courts accessible
to all who may have need of their services
Marcos vs
Robinson
Next week:  Basic Purposes of Pleadings:
Signature 1. To define the issues and foundation of proof
and address to be submitted ruing the trial
up to 2. To apprise the court of the rival claim
Summon. between the parties

Study  Pleadings vs motion

Political Law -pleading for an order included in a judgment,
gyud kay while motion is not for an order included in a
grabe need judgement.
gyud
 Significance of prayer: For relief and it is not
controlling on the court. Merely advisory.
 Caption vs Averment: averment controls
 Prayer vs Averment: averment controls
 Sec 5 Defenses: denial must be specific.
 If answer is plain denial, plaintiff may file a
motion for judgment on the pleadings
 General denial- no bearing
 Confession and avoidance:
- Minority
- Contibutory negligence in vehicular accident

Page 4 of 24
 cases
- Res judicata

9/7/2021 Was able to take note only starting 41:0

NOTES
-non-party can sign if with SPA.
Exam is up -effect on non-compliance- not curable by
to Rule 11. amendment

Examination =effect of submission of false certification: indirect

requires contempt of court + admin liability + criminal
analysis. sanctions (perjury, lying under oath) kana sobra ka
honest ka lawyer di na kadaog. Hahah bad si judge
No need of = if willful and deliberate = willful dismissal of all
memory. cases filed +direct contempt (walay hearing,
Although summary prociedure) +admin sanctions.
needed for =Circular 0494: Mandatory but not jurisdictional. If
you to cite certification is not filed with the pleading, okay as
legal basis. long as filed within reasonable period of time.
What is
important is -Rules of forum shopping:
do you What is a forum shopping:
understand Forum shopping exists when, as a result of an
the law. Can adverse judgment in one forum, a party seeks
you apply it? another and possibly favorable judgment in another
forum other than by appeal or special civil action for
certiorari. There is also forum shopping when a party
institutes two or more actions or proceedings
grounded on the same cause, on the gamble that
one or the other court would make a favorable
disposition. (Mun. of Taguig v. CA, G.R. No. 142619,
September 13, 2005, 469 SCRA 588; Fels Energy,
Inc. v. The Province of Batangas, et al., G.R. No.
168557, February 16, 2007).

 There is forum shopping when there exist:

(a) identity of parties, or at least such parties as
represent the same interests in both actions,
(b) identity of rights asserted and relief prayed
for, the relief being founded on the same facts, and
(c) the identity of the two preceding particulars is
such that any judgment rendered in the pending
case, regardless of which party is successful, would
amount to res judicata in the other. (Fels Energy, Inc.
v. The Province of Batangas, et al.).

*Minute Resolution – means your argument is same

so decision the same.

GR: Certificate of forum shopping signed by parties

XPN: Counsel should be with SPA, otherwise
defecetive and cause of dismissal

- For Corp, duly authorized director or rep

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 - For foreign corporation, resident agent of the
corp with licensed to do business in the Phil.
Must be authorized by a board resolution to
sign the certificate.

 When Certificate of Forum Shopping not

required.
o In a compulsory counterclaim.
o Petition for Writ of Posession (why? Not a
complaint or intiatry pleading)
 Latres v Impleo: AS to verification, non-
compliance does not render the pleading
fatally defective. The court can instead order
the submission of the certificate.
 If there are several parties, ALL must sign.
-if one failed or refused to sign, the case he
filed will be dismissed.
-if only one signs the certification, …..

 If brothers and sisters, common cause of

action,
 80 to 90% of the exam is under the New
Rules and Latest Amendments of the court’s
jurisdiction.

 Names of Witnesses will be presented

 Pwede ba in the course of the trial, mo add

ka judicial affidavit? Pwede but you must give
a good reason. (Meritorious with
documentary an dobject evidence in support
of the allegations in pleading)

 Before, allege ultimate facts only.

Rule 8: Manner of making allegations:

Sec 2: Sample: Businessman brought goods in

Osamis. Got damaged. He alleged the arrastre
operator was in fault. Operator said, it’s the vessel.
SO you can sue both arrastre operator and
shipowner. Usually, what happens operator and
shipowner will file a cross-claim.

 Alternative cause of action or defense vs

Alternative Relief: the former may entitle the
party 2 or more relief.
- Example: A vs B. Promissory note was not
paid. The defendant may allege two
alternative defenses. Example: (1) I did not
execute promissory note and that’s not may
signature, alternative defense (2) even
assuming that I executed it and signed it, the
action has prescribed.

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Rule 16 is deleted now:
-testate or intestate proceeding without alleging
certification against forum shopping and failure to
reconcile. Certificate of Forum Shopping NOT
Necessary in SPECIAL PROCEEDING because it is
not considered initiatory pleading. Like testate or
intestate.

Sec 4: “of legal age, “guardian, executor,” indicate

who is the guardian, and who is the minor. Then
attach the order of court guardianship.

 For Corp, place gyud that “ Plaintiff is a

Corporation, organized under the existing law
of the Philippines, otherwise subject to MTD
for lack of legal capacity to sue.
 Residence
 Class suit – indicate that you are
representative of how many. Defendant may
raise that not proportionate representation.
May raise it in answer as affirmative. Not
Motion to Dismiss
Sec 5: state with particularity as to what was the
FRAUD and malice. State the ultimate facts
constitution MALICE and STATE OF MIND may be
stated in general. Of course you wont know what’s in
his mind.

Sec 6: Example defense is res judicata: You don’t

need to prove the court has jurisdiction on the foreign
or local judgment, you just have to attach the
authenticated judgment of the foreign or local court.

Sec 7: Actionable document: a document is

actionable when an action or defense is grounded
upon such written instrument or document. Example:
Payment or Receipt. Simply alleged the substantial
content then attached the whole docs. If attached,
deemed to be part of pleading.

(i.e., contract of loan, deed of sale, etc.), that

instrument is considered an “actionable document”.

Remedy for plaintiff, deny the execution of

document under oath. If cannot deny under oath,
deemed admitted. Ma dismiss ang case ana.

Due execution – must be signed and executed with

authority.

How to deny genuine and due execution?

a. Specific denial in the responsive pleading
b. Deny under oath.
c. Set forth what he claims to be the facts.

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  What are the defenses not waived?

If document is executed by an agent for a principal,

failure to deny is deemed genuine and duly executed.

Examination is up to Rule 13 only.

 Negative pregnant
 Example: defendant borrowed money PN. G
copy rs sa defendant ang g allege sa plaintiff.
Not valid. You have to deny specifically plus
version of truth.
 Effect of failure to specifically deny: deemed
admitted
Exceptions: amount of unliquidated damages
– must be proved by testimonial evidence
+documentary evidence (e.g., moral
damages

 Affirmative defenses:

Rule 13: case took 15 years

PNB vs Perez: Dismissal on the ground of

prescription allowed.

 Zulueta vs Pan-am (wala nasad ka naminaw

160.4
 Ik filed an action for some of money against
Y
 \\
Xxx

Q: Can the court declare the defendant in default

motu pripio. NO. There should be a motion.

Under current and existing laws, there are three ways

by which an alien may become a citizen by
naturalization:
(a) administrative naturalization pursuant to RA No.
9139; - the applicant must be a foreigner who was
born, who studied and has resided in the Philippines
since birth and must be at least 18 years old at the
time of filing the petition.

The application process is commenced by filing a

verified petition with the Office of the Special
Committee on Naturalization (SCN) at the Office
of the Solicitor General.
(b) judicial naturalization pursuant to C.A. No. 473,
as amended, and (
c) legislative naturalization in the form of a law

Page 8 of 24
 enacted by Congress bestowing Philippine
citizenship to an alien (Edison So v. Republic of the
Philippines, GR. No. 170603, January 29, 2007).
9/14/21 Rule 10
NOTES
Sec 1: PN due Dec 2021

If filed before Dec 2021, will be dismissed for

premature.
 Amendment to confer jurisdiction not
allowed. If masayop wala na gyud mahimo,
ma dismiss gyud na.
-example: 1million filed to RTC. You can’t
make it 2million on amendment. Since the
RTC has not acquired jurisdiction over the
subject matter since the time of filing., it
cannot allow amendment.

o Note that if court has no Jurisdiction,

the only jurisdiction he has is to
dismiss the case, none other.
o Remedy of plaintiff? Refile
 Substantial amendment, need leave of court.
File a motion with leave to file amended
complaint. Note that court may or may not
allow it.
-

 The cause of action must exist at the time the

case has begun, cannot amend a cause of
action if non-existent at the time of filing.
Remedy? Refile.

 At the time you file a case, you must have

cause of action.

Sec 5: Northern cement: the court is not precluded

from granting higher awards than what is asked in
the pleadings provided that evidence was sufficient to
prove such award, pay nalang ka add docket and
lawful fees. This is okay even without supplemental
pleadings.

Sec 6: example: sum of money installment.

1st to 2nd paid
3rd- did not pay.
Filed a case, while case pending, did not pay 4 th, you
just have to file supplemental pleading to include the
4th not paid installment.

 Amended vs supplemental
 Supplemental answer cannot be filed after
judgment has become executory.

Rule 11- sa exam included.

 Sec 2:

Page 9 of 24
 foreign bank –
Foreign insurance comp-insurance
commission

 Villegas v Roldan: Defendant was not served

a copy of the amended complaint.
The period for filing an answer did not run
and defendant cannot be in default.

 Sec 8:
 Sec 9: X filed for recovery of ownership and
possession. Defendant has in possession of
the property. In the course of the trial, X
entered the property. Defendant’s remedy?
File a counterclaim after answer.
 Sec 10: GR: must request extension before
expiration of the period to file an answer,
otherwise not allowed to request extension.
XPN:

 The court cannot declare the defendant in

default; just the plaintiff.

Rule 12: when pleading is vague, defendant

should file B of P instead of filing to dismiss
(wala na ay MT now) so instead of including
in answer.

- If many defendants, even if all other

defendants understood, pwd gihapon ka
maka file basta wala ka kasabot on your end.
Clarify this

 B of P is filed. What’s the next step of court?

Sec 2, Rule 12.
 Direct contempt – summary procedure, no
hearing.

 Republic vs Luzon Industrial Corp: Papers

required to be filed and served:

- Every judgment resolution or order. Check

more

 It becomes a decision when there’s already

an entry of judgment.

Facsimile – not an electronic evidence 86: 02

 Promulgation between civil vs criminal

- Criminal- accused must appear before the
court, except small cases
- Civil – defendant need not appear, only entry
the judgment and serve the lawyers. That’s
the promulgation

Page 10 of 24
  Service of summons vs service of pleadings
-summons- necessary to acquire jurisdiction
over defendant
-pleadings –

Sec 6:

Sec 8:
 Melon Bank case: 8m mistakenly sent.
Already attempted several services, but to no
avail. Defendant default.

 BP 22 violation case. Complainant filed

criminal action, then presented evidence 2
notices of dishonor to the accused through
her counsel.

SC: should not prove sending notice of

dishonor, must also prove receipt. signature
was presented, SC said cannot be sure that’s
the signature.

Best evidence: post master certification

that the notice was sent and received by
the addressee.

No presumption of constructive service.

 Postmaster vs lawyer claim/denial – post

master certificate prevails. Reason: his
official duty to send notices by registered
mail.

 Change of address, notify court

 No service of summons, but there’s judgment

against you. You can ask for MR, but you are
submitting yourself to the jurisdiction of the
court.

 X vs Y. Y served with summons. X filed

amended complaint. Do you have to summon
Y?
GR: No
XPNs:
1. if the amended complaint introduces new
cause of action. Summon must be
served.

2. Defendant declared default, and plaintiff

files amended complaint. New summon
must be served.

Sec 6, Rule 14:

Page 11 of 24
  XYZ pretends to be corp. Cannot sue but can
be sued. Reason: they dealt with the public.
 Manotoc vs CA: G.R. No. 130974 August 16,
2006
- If the substituted service will be effected at
defendant’s house or residence, it should be
left with a person of "suitable age and
discretion then residing therein." 27 A person
of suitable age and discretion is one who has
attained the age of full legal capacity (18
years old) and is considered to have enough
discernment to understand the importance of
a summons.

"Discretion" is defined as "the ability to make

decisions which represent a responsible
choice and for which an understanding of
what is lawful, right or wise may be
presupposed".

 X vs Y. Y did not received summon, but got a

copy thru a friend who was a court of
employee. Y however asked for extension of
time to file answer. Defect cured.
 A vs B entered compromise agreement. C
joined or signed the VA. Considered
voluntary appearance.
 The only action not consider as VA is when
you appear
9/21/2021  Day and time summons may be served?
 Laus v CA: Anytime, any place
Summons  > Kutz v Navarro
 Ownership is not synonymous to dwelling

Rule 15:

 Motion v Pleading

GR: Motion is interlocutory

XPNs: Motion for judgment on the pleadings
or summary judgment

 Motion for Continuance – postponement or

resetting of hearing. Judge must rule
immediately. But give the other side
opportunity to be heard.
 Section 4: Non-litigous- no hearing required.
Memorize this new provision.
 Section 5: Litigious Motions – hearing
necessary, especially if there is an opposition
thereto.
-note that Sec 16 – MTD are already
deleted
XPN: (covered under Rule 15)
1. LoJ of person of defendant

Page 12 of 24
 2. LoJ subject matter of the claim
3. Litis Pendentia
4. Res Judicata
5. Statute of Limitations

 Motion for execution pending appeal. X vs Y.

X filed notice of appeal. If there is notice of
appeal, court cannot execute judgment.
Why? Court will wait for judgment.

GR: Pending appeal, stay of judgment

XPN: Motion for execution pending appeal.

Example Y wants to execute judgment
pending appeal. State a good reason.

 Motion for summary judgment – when there

is no genuine issue. You may file this motion
so the court will grant an order.
 Demurrer to evidence – after plaintiff shall
have rested his case, but other party feels
that evidence is insufficient. File demurrer
other party must file his opposition.
 Period: Opposition within 5 days, within 15
days decision must be made.
 Sec 7: Required
1. Notice of hearing
2. proof of service to the other party
necessary.

 The notice of hearing and 3-day notice are

no longer necessary, only the litigious motion
needs hearing, unless court deems
necessary to litigate the non-litigous motion.
 Sec 9: Omnibus Motion – if you file a motion,
include all objections, otherwise deemed
waived. (objections are deemed voluntary
appearance)
 Sec 12: Prohibited Motion: take note of this
 Sec 13: Dismissal with Prejudice – you
cannot refile if these are the reasons for
dismissal.
 Rule 17: “two dismissal rule”
GR: dismissals under Section 1 of Rule 17
are without prejudice.

XPN: when it is the second time that the

plaintiff caused its dismissal.

The “two dismissal rule” will not apply if the

prior dismissal was done at the instance of
the defendant.

Thus, for a dismissal to operate as an

adjudication upon the merits, i e with

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 prejudice to the re filing of the same claim,
the following requisites must be present
1.There was a previous case that was
dismissed by a competent court
2.Both cases were based on or include the
same claim
3.Both notices for dismissal were filed by the
plaintiff and
4.When the motion to dismiss filed by the
plaintiff was consented to by the defendant
on the ground that the latter paid and
satisfied all the claims of the former Ching v
(Cheng, G R No 175507 8 October
2014)

X filed against Y. He has not received yet

the answer of Y. File a notice of dismissal.
Without prejudice. However, he file again, he
sent notice of dismissal, the 2 nd notice is an
adjudication upon the merits, which means
with prejudice.

 City of Cebu filed a complaint for

expropriation for your lot. City of Cebu filed
writ of possession after paying assed value.
Court issued writ of possession. Plaintiff went
in, destroyed houses and balay. City of Cebu
filed a notice of dismissal.
SC: Not allowed.

 X filed against Y. Dismissal of previous

action does not constitute res judicata.
 Certificate of non-forum shopping:
 X v Y. X did not receive not the answer yet
but did not receive notice of dismissal.
 What will happen to the counterclaim if
plaintiff file a notice of dismissal. Pwd ra
padayunon ang counterclaim.He can
however choose if mag file sya separate
action or same case.
 Unless within 15 calendar days, he or she
manifest her or his preference that
counterclaim be resolved in separate action.
 Class suit will not be dismissed or
compromise without court’s approval.
 Lido Rona vs Esport: Dismissed with
prejudice. Since no objection on the part of
defendant for the motion filed by plaintiff,
equivalent to adjudication on the merits
amounting to Res Judicata.
 Motion after service of answer

 Pursuant to Rule 17 Section 3 of the Rules of

Court, a court can dismiss a case on
the ground of failure to prosecute The true
test for the exercise of such power is

Page 14 of 24
 whether, under the prevailing circumstances,
the plaintiff is culpable for want of due
diligence in failing to proceed with
reasonable promptitude

 As to what constitutes “unreasonable length

of time” this Court has ruled that it depends
on the circumstances of each particular case
and that “the sound discretion of the court” in
the determination of the said question will not
be disturbed, in the absence of patent abuse
Soliman v Fernandez, G R No 176652 4
June 2014

 There is failure to prosecute when the

plaintiff, being present, is not ready or is
unwilling to proceed with the scheduled trial
or when postponements in the past were due
to the plaintiff's own making. Hence, if, for
no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his
evidence in chief on the complaint, or to
prosecute his action for an unreasonable
length of time, or to comply with these Rules
or any order of the court, the complaint be
dismissed upon motion of the defendant or
upon the court's own motion, without
prejudice to the right of the defendant to
prosecute his counterclaim in the same or in
a separate action

This dismissal shall have the effect of an adjudication

upon the merits, unless otherwise provided by the
court (Laurel v Ardelon G R No 202967 5 August
2015

 Why court allows dismissal if plaintiff’s fault:

 If you lose, you can file notice of appeal on
time. The records will be forwarded to
appellate court. That’s the task of COC
under the rules. In this case, the COC failed
to submit the record to appellate court, so the
appellate court dismissed the appeal.

 The appellee said it’s not my duty, the court

said you should also take the due diligence
to make sure it’s submitted.

 Even if na file na sa court, basta wa pa na

serve, pwd gihapon ka mag notice of
dismissal.

 Rule 18.

 When to set pre-trial- After the last

responsive pleading has been served and

Page 15 of 24
 filed. The COC has duty, but you should be
responsible as the litigant.

 Pre-trial in Civil case vs Criminal Case: For

the criminal case, accused and counsel must
sign the pretrial order.

 Purpose of pre-trial – Sec 2

- No need to present evidence if you already

have stipulations.
- Advisability of preliminary reference of issues
to Commissioner.
- Example you argued about boundary.
- Propriety of rendering judgment on the
pleadings.

 Pre-trial brief: Serve first then file

 Most Important Witness Rule:
 Judicial Affidavit Rule:
 Purpose of Judicial Affidavit
 Contents of Judicial Affidavit – Shall be
prepared in the language known to the
witness accompanied by translation in
English or Filipino.
 Sec 8:

 Summary Judgment – no genuine issue, so

submit lang affidavit and the court may
render judgment.

 For judgment to the pleadings – if for

example mag admit si defendant. Not subject
to appeal or certiorari

 When summary judgment of judgment of the

pleadings allowed?

 Intervention is never an independent action,

but is only ancillary and supplemental to the
existing litigation An
intervention presupposes the pendency of a
suit in a court of
competent jurisdiction As such, the right of
an intervenor
should only be in aid of the right of the
original party Where the
right of the latter has ceased to exist, there is
nothing to aid or
fight for hence, the right of intervention
ceases Pulgar v RTC,
G R No 157583 10 September 2014

 Intervention (ancilliary) vs Interpleader

(original)
 Interpleader presupposes that plaintiff has no

Page 16 of 24
 interest in the subject of the action.
 When an intervenor becomes a party to the
suit, the parties ca
 Remedy of improper denial of intervention –
appeal
 Intervenor: Legal interest in the matter of
litigation – imong property giawayan
 Transferee pendente lite - \
 Pleadings in Intervention
 Case: A defendant may not be declared in
default…
 Distinguish intervention from Substitution
of parties
 Interpleader – original case
 Case basis, Sec 26.
 For exam, read the rules.
 Later na ang jurisprudence.
 Calendar of cases, assignment of cases.
 Rule 11 and Rule 13
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 
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 Failure to comply or provide with MCLE
number results to dismissal of the case and
admin sanctions.
 Deposition - strong probative value; other
10/5/2021 party must be present or at least notified.
Oral examination and written interrogatories;
- Chiefly modes of discovery; intended to
compel disclosure of facts in the knowledge
of person whose statement is relevant to the
suit. GR: not meant to substitute actual
testimony

 Affidavit – weak probative value, self-serving;

if client does not testify, it becomes hearsay.
No formal questioning; no notify
 Rule 24 Sec 25 – refers deposition on written
interrogatories; serve upon any other party
 Rule 25- to be answered by any adverse
party; serve to adverse party directly
concerned.
 Rule 27 – Production
 Rule 28 Physical and examination of
persons- who appoint the doctor – the court;
he then becomes an officer of the court.
- GR: Dr cannot testify against patient
- XPN: Rule 28
 Rule 29: Refusal to comply with modes of
discovery. Effects:
Effects
Remedy: if party refuses to comply. File a
motion for an order to compel an answer. No
sanction unless there is order from the court.
-if approve by court, court compels the party
refusing to answer. Otherwise, will order the
other party to pay reasonable expenses +
attorney’s fees.
-if application is denied- the court may
require the party filing an application to pay
the refusing party reasonable amount.

Other consequences: indirect contempt

-default

Example: striking of pleading or parts thereof.

Defendant did not answer,

 Arrellano: dismissed for failure of parties to

comply

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 De la Torre vs Pepsi Cola:
 Section 6: No expenses and attorney’s fees.

 Rule 30: Trial

 Trial shall be limte

 Pre-trial order -defines the issues. Kanang

wala gi admit sa pikas nga party. If gi admit,
no need to admit evidence. Focus on the
issues defined in the pre-trial.

 Note on the step by step process of trial.

 GR: Oral offer of exhibits- no need to offer in

writing “Exhibit A your honor is offered as
evidence. Pwede mo object si defendant by
stating the ground.”

- Evidence not formally offered will not be

considered in the decision.
- If parties only on some of the fats, the trial
shall be held on the disputed facts.
 Possible of compromise – usually approve sa
judge
 Consolidation (compare with severance)–
involving common question of law or fact are
pending before the court
 it may order all the actions consolidated.
 Pwd e consolidate in 1 court if daghan na
kayo ; one purpose is to avoid conflicting
decisions. Pepsi case example.
 or severance –
 Joinder – arising from same transaction or
series of transaction
 Bank of Commerce vs Perlas Bernabe:
allowed consolidation of cases pending in
different branches of court.
 Vallacar Transit vs Yap: 2 cases were filed
involving same defendant. Culpa aquiline +
quasi delict. Supreme court allowed the
consolidation of cases. Sound Disrection of
court ni
 Sec 2: Separate Trials –
 Consolidation vs Severance and Separate
Trials
 Consolidaton – several cases, maybe
different plaintiff or defendant
 Severance and Separate Trials - one case
 Rule 32, Trial by Commissioners:
- Parties agree in writing to submit case to
commissioners
- Court orders all or any issues to be referred
to commissioner – pertains to referrre or
commissioner.

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- Example: X vs Y. X says Y obstructing
property, Y also alleged X is the one
obstructing. Here court may appoint a
juditic surveyor, then the surveyor will
issue a certificate if who really trespassed
or not.
- Examination of a long account.
A vs B about partnership income that needs
to be divided. Example 10 cabinets need to
be audited. You may submit it to several
auditors. Then the auditors will report and
consolidate the result.

- Reference ordered on motion.

- Sec 3 order of reference: once motion for
reference granted, judge will issue order of
reference.
- Refusal of subpoena shall be considered as
contempt of court appointed by
Commissioner. So mo file si Commissioner ig
special civil action for indirect contempt
- Commissioner shall avoid delays.
Commissioners must submit their report.
- Who will be notified about filing of report?
Parties. Shall be notified by the clerk of court.
- Sec 11, hearing upon the report. The court if
satisfied may adopt the report, the report will
be the basis f such decision.

- 2019 Rules.

- Rule 33 – demurrer to evidence – file motion

to leave to file demurrer

- If without leave of court – not allowed to

present evidence

- If granted – double jeopardy

- Criminal vs civil

- Suppose demurrer is denied,

- Demurrer to evidence in Civil and Criminal

Cases. Compare as to requisites then
effects.

- Demurrer to evidence is applicable to the

national telecommunications Commission

- Demurrer to Evidence is subject to Rule 15.

- There must be a notice and hearing. The

court is not allowed to grant demurrer without
hearing.

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- Suppose demurrer is denied, can he appeal?
No. Can he file for mandamus or certiorari?
No.

- If you appeal, the judgment of the court

denying demurrer, you may reiterate the
same argument, you may state that plaintiff
failed to present sufficient evidence.

- If defendants demurrer is denied, remedy is

present evidence.

- Rule 34 Judgment on the Pleadings. These

are preceded by motions.

- When proper?

1. When the answer fails to tender an

issue.
Plaintiff allege that defendant borrowed
money, an…
2. The defendant admits material
allegations of the plaintiff.

Note what else…

 Judgment on the pleadings is allowed.

 GR Rule, always prove unliquidated
damages.
 Moral damages for example is unliquidated,
plaintiff must present evidence to support
such. Under new rule, whether liquidated or
unliquidated, you have to prove.
 Even if the victim failed to present evidence,
moral damages awarded in case of rape.
 Cannot render a judgment on the pleadings if
there is an issue to be resolved. There must
be trial first.
 Action on motion for judgment on the
pleadings -maybe motu proprio or on motion.
 Motu propio – if apparent that answer fails to
tender an issue or admits allegations.
 Summary Judgment – there is no genuine
issue (take nnote of this) there is an issue but
not genuine
Example: SolGen filed action for ill-gotten
wealth of the Marcoses. So, the solicitor
general avers that Marcos and croonies
amassed ill-gotten wealth.

 Genuine issue means issue of facts which

calls for the presentation of evidence

Page 21 of 24
 compared to issue which is sham, false
claim.
 Considered as sham when it is evident
that it cannot be proven or party
rendering the same has no intention to
provide adequate evidence.
 Grave abuse of discretion – certiorari lies.
 If interlocutory judgment – cannot be
appealed.
 If motion for summary judgment denied-
cannot appeal. What you do is rpesent
evidence. Summary judgment is judgment
on merits and res judicata sets in.
 Judgment on pleadings vs summary
judgment
 J on pleadings – failed to tender an issue,
admits material allegations o pleadings.
Mao ra basis sa decision. Pleadings and
pleadings only.
 Summary judgment, there is an issue but
not genuine.

Marcos said, they cannot recall since it

happened long time ago. And we did not not
amass ill-gotten wealth.

Sandiganbayan: rendered summary

judgment
SC: sustained Sandiganbayan’s decision

 Basis for rendering summary judgment –

 Affidavits must be made on personal
knowledge
 If you don’t answer, mapildi gyud ka since
wala man genuine issue so mo render ug
summary judgment. Modes of discovery:
-deposition
-physical and metal examination

 When Summary judgment not allowed?

Kadto legal separation, annulment
 Who may file summary judgment?
 When?

 On judgment of pleadings – no issue at all.

 Procedure: file motion for summary judgment
 And attach supporting affidavit, JA,
depositions or admissions.
 Motions and Proceeding thereon:
 Affidavit shall be made on personal
knowledge
 And the affiant must be competent
 If file motion for summary judgment – attach
everything, affidavits, depositions
 Be sure that they are certified copies or
original. Recommended nga certified true

Page 22 of 24
 copies lang
 What if affidavit is executed in bad faith? Sec
6
 There must be findings of facts and
conclusions of law, signed by him, filed to
COC
 Wala pa gani entry sa book sa COC, dili pa
na judgment, it can still be changed by the
judge.
 Judgment signed by the judge, is it already
judgment on the judge? No. refer to last
phrase FILED with the CLERK of COURT
and entered in the Book of Judgment.
Cannot be changed anymore.
 If you do it that’s falsification, a criminal
offense.
 Rule 136, Sec 1:
 What is judgment on the merits?
 It is not required that trial or argument of the
facts
 May there be judgment on the merits without
trial? Yes
 Parties to litigation must be given facts and
law for which judgment is based.
 Kung naa decision gi appeal sa Appellate
court and found that judgment does not
render statement of facts, it will be remanded
to the lower court to ascertain facts.
 Memorandum decisions – example: money
claim filed to MTC, then appealed to RTC.
- Render memo if judge does not see any
defect in MTC judge’s decision. Perfect na
ang judgment.
Wherefore, judgment is hereby rendered
affirming in toto the lower court’s judgment.
Cannot incorporate facts or decisions.
-only reference

Next meeting: Conditional judgment. Don’t read the

abandoned cases. Read more on
Coverage for Midterm:
Rule 14 to Rule 35: Summary Judgment

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