CIVPRO

De Jesus case

If the application of the rules would tend to frustrate rather than promote justice, it is
always within our powers to suspend or relax the application of the rules of court… to
relieve the litigant….

The ROC should be liberally construed in order to promote its objective to achieve
speedy… s.6

PH courts are both courts of law and equity.

PRINCIPLE OF JUDICIAL HEIRARCHY

Certiorari, mandamus, prohibition, qu warranto… - RTC, CA, and SC. Cannot go to SC

directly. Follow hierarchy.

Can go to SC directly – if the issue is transcendental importance; pure question of law.

DOCTRINE OF JUDICIAL STABILITY – no court may interfere by injunction…

Xpn: third party claim is an exception of doctrine of judicial stability: rule 39 sec 16 –
execution, rule 57 s14 – attachment, replevin…

JURISDICTION

JD v VENUE

Substantive Procedural
Conferred by law Can be the subject of agreement by the
parties

Court can motu proprio dismiss the case Cannot motu proprio
if lack of jd
You cannot the waive the objection in Can waive the objection…
regards to the jd
Definition – power to try,hear, Definition

RA 1576
Real action – 400k and below – MTC; more than 400k RTC.
Sum of money – 2m and below – MTC; 2m and above – RTC.

Real action
Real Property located in Cebu City – assessed 380k.
Parties are residence of makati city
Action interdictal – MTC regardless of the amount of rental or damages being asked.
Action publiciana – beyond 1 yr from disposition – MTC 380k. depending on the
assessed value
Accion reinvidicatoria – same
Partition – an action for partition under rule 69 is considered a real property therefore,
assessed value 380k is MTC.
Quieting of title – concha v lomocso – real action therefore assessed value is used to
determine the jurisdiction of the action so 380k – MTC.

Lomocso v Concha raaterta v mores ley construction case –

Expropriation – regardless of the value, RTC has jd bec

Action for specific performance – rtc
Same with damages – rtc
SP but the ultimate objective is to compel to execute DOAS or deliver title – real action
applying the ultimate objective test, therefore, check the assessed value. Gochan v
gochan

KATARUNGANG PAMBARANGAY LAW

Only natural persons can be the subject…

When can the parties go directly to the court – coupled with provisional remedy; when
the parties are government official;

Compromise agreement – within 6mo barangay, if beyond, mtc. If the amount involved
is 1m below, small claims.

Crisanta v montanez – 2 things, respect the compromise agreement or abandon the

compromise agreement. SC the mode of enforcement of an amicable settlement under
KPL does not rule out the decision of the civil law (???)

SMALL CLAIMS
1m or below – contract of loan, services,… - purely civil in nature. Exclusive of interest
and cost.

You can waive the excess of 1M, it can be governed by the small claims. If you claim
1.2M, it can still be governed by small claims, you can waive.

Lawyers are not allowed to appear or representative except they are the party. Juridicial
entities cannot be represented in any capacity.

Decisions of the small claims are FEU, final, executory and unappealable. Remedy –
certiorari.

Joinder is allowed for as long as the amount does not exceed 1M.

SUMMARY PROCEDURE
2M BELOW

Ejectment suit

Cannot apply in probate proceedings.

Petition for revival for judgment of the MTC is now allowed and governed by RSP.

Appeal – if ejectment suit, appeal to RTC. RTC affirmed or reversed, appeal – no more
allowed because decisions of RTC in an appeal of ejectment suit, it is FEU. Remedy –
certiorari.

The court can motu proprio or outright under RSP on any grounds including failure to
comply barangay conciliation.

CIVIL PROCEDURE

Splitting a single cause of action – not a ground for dismissal per se. it may be litis
pendentia or res judicata.

Principle of anticipatory breach – if the contract is divisible. Several obligations or

prestation, installments, amortizations. One installment or default equals one COA,
therefore, one complaint. Effect – the contract is no longer divisible. The breach is now
total. there is only one cause of action because of the anticipatory breach. One
complaint. Failure to do so, cannot file again due to spitting cause of action.

Joinder of causes of action

Requisites:
1. You cannot join in one complaint compy with joinder of parties.
2. You cannot join one oridnairy and one sca
3. Cannot join pertaining different venues
4. Totality rule, aggregate. CHECK CODAL! Rule 3 sec 6.

Joinder of parties cannot be applied if there are only 2 parties but only applies to more
than 2 parties.

a. It must arise in the same transaction…

Paloma case.

Misjoined causes of action

Partition and ordinary action of sum of money – cannot be joined because partition is a
sca.
Ada v bailon
Annulment of title and partition – the former is an ordinaray ca. patition is a SCA.
Misjoinder of COA is not a ground of dismissal. It can be severed or proceeded
separate by motion by the opposing party or order by the court.

What if the court rendered a decision – palomoa case – as a rule, misjoined COA,
judgment is null and void. However, in ada v. bailon, if the court has jurisidciont over
these actions, but the court did not interpose its ibjection nor the court did not order to
sever the COA, the decision is VALID for as long as the court has jurisdiction over the
cases.

Indispensable party and necessary party – real party in interest

Indispensable – not impleaded; null and void.

Mere non joinder of an indispensable is not a ground to dismiss. The court can dismiss
only when the court ordered the parties to implead the indispensable parties, failureto
comply will be aground for dismissal on the ground of dismissal due to the fault of the
plaintiff with prejudice.

Class suit

No class suit if lumubog ang barko or sumabog ang airplane – different damages. There
must be common and general interest,

If the interest of each and every member of the class suit is identifiable. No class suit.
No common or general interest.

VENUE

S4, RULE 4

Rules on venue will not apply if:

1. There is a rule
2. Stipulation on venue
3. Quo warranto filed by solgen in manila
4. Libel – the law provides specific venue

Stipulation on venue is venue if there is a restrictive stipulation on venue in writing.

Briones doctrine – petition for annulment of EJF. It would be absured for the plainitf to
follow the stipulatd venue in the contract when the action is to assail the validity of the
contract.

Complimentary contracts construed together doctrine – contracts be read in its totality.

Stipulation in the principal contract is applicable to the accessory contracts.
Action to cancel mortgage – PNB v limchiako – personal action.

Answer
30 days to file an answer

Motion to file an extension to file an answer is allowed but on other pleadings, motion to
file an extension is not allowed.

Illustration
A filed a complaint against B.

Answer with specific denials – effect – there will be an issue.

Answer with general denial negative pregnant – no genuine issue, tantamount to
admission - remedy: motion for summary judgment
Answer with actionable document – plaintiff can file a reply and must be verified.
Answer without actionable document – remedy – rule 6, file an amended complaint or
supplemental complaint because it is not allowed to file a reply.

Affirmative defenses
15:30 rule – 15 days to conduct summary hearing and 30 days for the court to resolve
the affirmative defenses.

Rule 8 s12 – there are 5 – motu proprio rule. 30 days for the court to resolve…
1. No JD over the person
2. Improper venue
3. No legal capacity
4. Failure to file coa
5. …

All affirmative defenses must be filed on the earliest possible…

If the court denies the affirmative defense, remedy – participate the trial since the denial
is not appleablae, but on appeal include this in the appeal.

Compulsory or cross claim must be instituted in the same action, otherwise, barred.

tn: after accrued compulsory…

counterclaim
dpoctrine of ancilliary jursidction – if the case is filed in the RTC regardless of the
amount of coutneclaim, cross claim or third party complaint… still the RTC has jd
regardless of the amount because of the doctrine of ancilliary jd.

Compulsory counter claim – now allowed in summary procedure.

Permissive counter claim -
Default

Remedies – motion to lift or set aside the judgment of default.

Can you file an appeal? – yes. If you are decalred indefault you can file an appeal as
one of the remedies.
Herminio disini v republic – a party default loses the right to present evidence. He still
has the right to appeaal… defaulted Party is prohibited to [artucupate in trial but not
prohibitied to be a wtiness to the non-defaulting party.

3 grounds to file aan appeal:

1. Faulire of the plaintiff to prove the material allgations of the complaint.
2. Decision is contrary to law
3. Judgment is excessive

A party in default is not allowed to raise defense other than those 3 grounds.

Third party complaint

AMENDMENTS

No more motion to amend the complaint to confer…

Not allowed:
1. Purpose is to delay
2. Purpose is to confer jd
a. Allowed if amendment to confer jd if matter of right before filing an answer
b. Swagman doctrine – at the time the filing of the complaint, the oblgation
not yet due and demandable. Not allowed to amend. It cannot cure the
deficiency.

Filing and Service

Filing – in court
Service – to the opposing party

Modes of filing
Personal, registered mail, accredited courier, electronic means if allowed or authorized
by the court.

Conventional filign and service, only personal, eletctronic mail is not allowed.
1. If initiatory pleading – complaint
2. … there are 4….
3. …
 4. …

Date of mailing is date of filing whether LBC or registered mail.

Service of opposing party, personal allowed, registered mail, ordinary mail is allowed in
service in the locality where there is no available …

Presumptive notice of a court setting sec 10 rule 13

- The same judicial region – 20 days
- Outside judicial region – 30 days

Judgment resolution can be served through publication.

SUMMONS

RULE 14

The court can dismiss the case outright.

1. Failure of the sheriff

2. Plaintiff is authorized to serve summons if the defendant is outside the judicial
region
3. The court can now deputized the counsel to serve summon…

Are we required to serve summon in case of partition?

- Quasi in rem case.

Ernesto morales v. astrid morales Agustin.

Regardless of the nature of the action, whether in personam or in rem, quasi in rem,
service of summons is now imperative regardless of the nature of the action.

Citizenship is immaterial, residency is material.

Resident defendant; how to acquire jurisdiction

1. Voluntary appearance;
2. personal service of summon,
3. substituted service of summon
4. Service of summon through publication if the whereabouts are unknown
5. Extraterritorial service of summon and substituted service if resident of the
Philippines deported in ph (?)

Extraterritorial service applies only in case of in rem or quasi in rem…

If in personam action – voluntary appearance…

Substituted service – is only allowed if there are 3 attempts in 2 different dates.

Service of summon through electronic mail, allowed only if allowed by the court.

Service of summon through a corporation …

- There is still substituted service; should there be a refusal on the persons
auhtorized to receive summons, service can be made thorugh electronically if
allowed by the court, if the service was made in 3 attempts in 2 different dates.

MOTIONS
Litigious motions – once received, 5 days to file oppossitno.
5: 15. 5 days to file and 15 days to resolve by the court.

Need not be set a separate hearing, only if the court deems it necessary.

Prohibited motions; sec 12 r 15

Xpns:
1. Lack of jd
2. Res judicata
3. Prescription
4. Litis pendentia

tn of omnibus motion
xpn to the omnbus motion rule
1. Lack of jd
2. Res judicata
3. Prescription
4. Litis pendentia

Dismissal by summary
…

Rule 18 pre trial

Pretrial terminated first before mediation then jdr (not mandatory)…

See sec 5 rule 18

Effect: cause for dismissal of the case with prejudice.
Plaintiff is allowed to present evidence ex parte…

Rule 18 sec 10
Judgment after pre-trial…
The court can now motu proprio judgment on the pleadings or summary judgment…

PP v. SERGIO
PP v. GO – deposition of prosceutions material witness it must be made in the court
where the case is pending… otherwise, it will violate the constitutional rights of the
accused to confront and cross examine the witness.

Issues: 1 written interrogatories; 2, sec 15 rule 119 of crimpro…; 3 violation of consti

rgihts

SC the rule on depossitno apply suppleotrily and written interrogatories is applicable..

therefore, rule 23 is applicable not rule 119.
Because of the peculiar circumstances, the court granted the written deposition of the
witness of the prosecution.

TRIAL

Oral offer, oral objection or oral ruling

One day witness examination rule

DEMURRER TO EVIDENCE
Ground: insufficiency if evidence.

In civil cases- no need for leave of court.

If the appellate court reverses, the defendant is deemed to have waived the right to
present evidence. The appellate court will render decision based on the evidence
presented by the plaintiff.

Order in demurrer to evidence is not subject to appeal, certiorari or pohbitino.

POST JUDGMENT REMEDIES

MR –
MNT – FAME

If MR id denied, you can file an appeal. Fresh period rule applicable in Rule 40, 41, 42,
43, 45.

Fresh period rule is not applicable in SCA, COA, COMELEC.

Fresh period applicable in criminal cases

Fresh period not applicable in administrative proceedings, only applicable in judicial

appeal.

APPEAL
Where when and how.
Not a constitutional right, onky stataturoy in character. Thus, can only file an appeal if
there is a law or rule.

Where – just follow the hierarchy of the courts.

XPNs: allowed to skip a court:
1. If the MTC execise delegated jurisdiction, appeal to CA, skip RTC.
2. RULE 45 petition. RTC to SC for pure questions of law under 45.

If there is no delegated jurisdiction nor rule 45, do not skip any court.

If original jurisdiction of Sandiganbayan, appeal by notice of appeal following the

internal rules of SB to SC.

ANNULMENT OF JUDGEMNT
Relief of judgment; grounds – fame

… notice of the counsel is notice to the client.

Grounds: extrinsic fraud

4 yrs from discovery.

Lack of jd as a ground to file annulment of judgment – absolute lack of jd.

Only available in civil cases and not in criminal cases.

EXECUTION
Real properties

Gr: Doctrine of immutability of jurisdiction – cannot be altered...

Xpn: typographical; nunc pro tunc judgment; void judgments renderd by courts without
jurisdiction; … ; issue involves transcendental…

CRIMPRO

Tawahig case

Individuals benlonging to indigenous community cannot evade prosecution by invoking

IPRA. He should still be prosecuted.

RA 7468
Rights of the aaccused in custodial investigation
Includes a practice of invitation…

If police line up – not a part or starting point of custodial investigation.

Extrajduciial admission – when is it admissible? Only if it si redueced into WAVE, riting,
assistance of counsel, voluntary aadn express.

Right to WAVE applies in criminal investigation and not administrative investigation.

The constituonal proscription as to the admissibility to the admisisno… applies only to

criminal custodial investigation and not in admisnitrative investigiation.

PP v Andan; pp v dacanay

EJ confession is made befreo the media, admissible. Unless the media is under the …
of the law enforcers.

Brgy capt and tanods are considered law enforces, therefore, csontitutional right is
applicable.

ARREST SEARCHES AND SEIZURES

3 rules
1. The arrest is legal therefore the evidence obtained is admissible
2. The arrest is illegal therefore evidence is illegal product of fruit of the poisonous
tree.
3. Aarrest is legal but the searchmade is illegela, therefore, evidence obtained is
inadmissible. Exclusionary principle is applicable.

In flagrante
Buy bust operation

Margarita ambre case

Prior justification of intrusion is not an element of an arrest in inlfagratne delicto…

PP v. Jerry Sapla
Confidential tip is NOT sufficient to engender probable cuase. The Police officer must
rely in their onw senses.

A tip is still hearsay no matter how reliable.

PP v Gerald Moreno
If there is an illegal arrest, you can question anytime before rraignemnt, otherwise
wiaver.

Waiver the validity of the arrest does not carry with it the waiver to question the
admissibility of the evidence…

The application for vail shall not bar the accused from challenging:
 1. Legality of the arrest
2. Validity of WOA
3. Illegaltiy of the PI

WOA – it is enough personal evaluation

SW –

WOA SW
Enough pernsoal evaluation Personal examination
Can be served any time of the day ..
… …

Search on the moving vehicle

SPO bienveindo… human remains may be a subject of the search waarratn.

May the MTC issue a SW over an offense in which it has no JD? RA 9165…
- PP v Castillo – yes, valid. The court of whose jd over the crime committed. But
the crime charged must be filed in RTC.

Checkpoint
Visual search,. Least intrusive…

Jeepney was stopped and the passengers were asked to disembark and raised their
hands. Apprehended for possession of drugs and firearms… search is illegal because
search must only be visual in checkpoint.

BAIL
Matter of right Matter of discretion
Before or after conviction in MTC. After conviction of RTC, not punishable
If flight risk, mtc must grant bail and may by LI, death RP
only increase the amount of bail.
…

Leviste case…
Homicide. After conviction of gov. leviste, SC said, tough on pbil pending appeal policy,
your presumption of innocence terminates…

Hold departure order

DOJ cannot issue HDO. Delima v genuino. The doj circular violates the rule making
power of the SC. It is not shared with congress. Circular 41 was decalred
unconstitutional.
Delima v Guerrero
Sandiganbayan law is a general law v. ra 9165 as specific law, the latter prevails.

Sandiganbayan

A private person can be charged before the SB if he is in conspiracy with an officer who
is under the JD of SB.

tn: 1million damage to the government, otherwise, RTC has jd.

Decision of OMB admin cases, CA under rule 43.

PP v Solar

When is an information deemed sufficient?

PANDAN
Place
Acts
Name of the complainant
Designation of the law…
Appxomate date
Name of the accused

For treachery be appreciated, it must be alleged in the information by the surrounding

circumstances constituting treachery…

Private crimes
Can be filed by the offended party. E.g., concubinage, only the injured spouse
impleading both the accused and the concubine…

Amendment and subsitution

The same offense which is necessary Involves different offense

includes or necessary included…
With or without LOC There is re-arraignment.
DJ sets in There is always leave of court
Before arraignment; amendment may be DJ does not set in.
matter of forms and substance without
LOC.

After arraignment; amendment may be

matter of forms or only formal
amendments.

XPN: after arraignment; if the graver

offense occurred after the accused has
 entered his plea.

RULE 111
Civil ex delicto is deemed instituted.

Prejudicial question PQ – only happens if there is a previously instituted civil action…

Rescission of contract v bp22 – no pq.

Filing to file a MTQ, requirements, memorize.

Double Jeopardy
…
XPN: No dj
1. Accused invokes his right to speedy trial.
2. …

Ivler principle
Reckless imprudence is a single quasi offense merely a measn of committing another
offense… one reckless imprudence bars another filing reckless imprudence, violates
double jeopardy.

Provisional dismissal
…

How do you revive – re-file the information.

See Sec 8 of 117.

Pp v. Lacson
SC interpreted the issuance of the order o fprovisional dismissal… SC reckoning point
of 1 or 2year bar rule, …

William co v. new prosperity case

If the private offended party is represented by a private counsel, the reckoning period is
when the private counsel is actually notified of the order of provisional dismissal…

Plea bargaining

Lesser offense that must be necessarily included in the crime charged. There must be
consent to the prosecutor and to the private offended party.

XPN: if the private offended party despite due notice fails to appear… the private
prosecutor may formally give…

Estipona v. Lobrigo
Plea bargaining is allowed in criminal cases. Provision of ra 9165 for the prohibition of
plea bargaining was declared unconsti bec it violates the rule-making of the SC.

Xernos v CA
The internal guideline of DOJ circular, for the prosecutor int eh conduct of plea
bargaining… the circular is valid. It serves only as internal guidelines in the conduct of
plea bargaining.

Rights of the accused in trial

Right to SIT, speedy, impartial trial

Matias caging v. SB
Rekoning period whether doctrine inordinate delay is applicable, does not include fact
finding period. reckoning period begins in preliminary investigation…

4 requisites for the court to consdiree WON inordinate delay is applied

1. Length
2. Reason of delay
3. …
4. Prejudice to the accused.

Right to speedy disposition – applicable to any tribunal

Speedy trial – only in criminal case

Demurer to evidence
Ground: insufficiency of evidence after the prosecution has rested or presented
evidence.

With leave of court

Without leave of court

Discharge of the accused as state witness

Roc v witness protection program

Yufak huhu.

TN: Habeas corpus as a post-conviction remedy.

PROVREM x SCA
ATTACHMENT
1. To satisfy debt
2. To convert to quasi in rem…
For the implementation or service, there must be prior contemporaneous service of
summons…
Prior contemporaneous Service of summons is not applicable in quasi in rem,
nonresident…

INJUNCTION
May be a main action or ancilliary – former RTC, latter court wehre the main action is
filed.

Ex parte TRO
Ground EU GIII – extreme urgency, grave, irreparable, injury…

TN: existence of Right in esse. Acts sought to be enjoined …

No courts shall issue TRO injunction if you talk about government…

SCA

Declaratory relief

Exclusive in character…

Ruling of a court cannot be subject of DR.

Subject matters be subject iof DR:

1. Deed, will, contract, other written instrument
2. Statue
3. Eo
4. Regulation
5. Ordinance

Mandamus will not lie in academic freedom…

Certiorari
Judicial or qausi judicial…

Mr is a condition precedent sine qua non…

Motion for extension of time to file a petition for certiorari is now allowed in domdom
case.

65 v 45
 60 days 15 days
Not a mode of appeal Mode of appeal

Mr condition sine qua non MR not condition sine qua non

Extension of time allowed Allowed…
Gadalej as ground

QUO WARRANTO

Private individual – must show his clear right to the contested office.

Maria Lourdes sereno v Solgen

SC said prescription will not lie against the government. The one year prescription will
not lie agains the government if filed by government.

Expropriation
…

Determination of just compensation is a judicial function…

FORECLOSURE
Real action but action to cancel foreclosure is a personal action.

PARTITION
Reyes v Garcia – the correct remedy here is a petition for partition and not for a petition
for annulment of sale.

EJECTMENT SUIT
Accion interdictal – regardless of the amount, MTC. FEUD.
Fe- who was in prior possession
UD- when the possession become illegal.

TN: Leonora Abante v rivera

SC provided an exception
If the demand to vacate and pay is just a reiteration… if the second demand letter is just
a mere reminder aalhtough the amount changed, the reckoning period shall be counted
from the original demand.

Subsequent demands that are merely in the nature of reminders of the original
demand do not operate to renew the 1-year period in which to commence an
ejectment suit, considering that the period will still be reckoned from the date of
the original demand.
Boundary dispute bacani v manali
Should be resolved in the context of an accion reinvindicaatoria not ejectment suit.

Mtc decisdes, appealed to RTC. RTC’s decision is FEU. Rules on expedited procedure
before the first level courts.

Accion publician and reinvendicatoria – check the assessed value of the property. real
action.

SPECPRO

Estate

No will shall pass real or personal unless probated…

1. Establish the testamentary capacity
2. Due execution
3. Extrinsic validity

Nugid v CA
If the will appears to be intrinsically invalid, the probate court can invalidate the will.

Grounds for disallowance of the will

1. Establish the testamentary capacity
2. Due execution
3. Extrinsic validity

Cristina Aguinaldo suntay case

The order of preference in rule 76 does not rule out the appointment of co-
administrators

jurisdiction: gross value of the estate. 2m below mtc, 2m above rtc.

Venue: where the deceased died.

Can the probate court resolve the issue on ownership?

- GR no.
- XPN: for inventory parties; the court may resolve provisionally…

Treyes v. Larlar

There is no need for a separate specpro for decalaraation o heirship before an ordinary
civil action seeking ownership rights to rcover or protect or preserve by virtue of
succession.

Doctrine of processual presumption – if you allege the laws but failed to plead the same,
the presumption is that the law is the same here…
Escheat

Even bank accounts can be a subject of escheat proceedings.

Guardianship

Bond is only required if appointed as guardianship of property. no bond if guardianship

is over a person…

Habeas corpus
Illegal detention or confinement…

Post-conviction remedy – habeas corpus.

Echegaray case …
Jurisdiction also includes the power to execute of judgment…

Writ of amparo
- right to life, liberty and security…
- enforced disappearances
- extra-legal killings.

Show that the disappearance was caused by the government or agencies…

Doctrine of Totality of evidence / relaxed of admissibility of evidence – borgus, tagitis

cases…
- As a rule, for the evidence be admissible it must be relevant and competent. As
an exception, an otherwise admissible in evidence, can be admissible if it is
relevant and cosisntnt with all other pieces of evidence.

Writ of habeas data

Vivares case
No privacy in photos posted in facebook…
…

Defenses of respondents:
1. National security
2. State secrets
3. Privilege communication
4. Confidentiality of the source of information

Writ of kalikasan
Magnitude of the damage cause – as to prejudice the life, health or property of 2 or
more provinces or cities.
R103 and 108
103 108
Change of full name, family name Substantial corrections…
Admin correction day and month..
Correction of entries…

Change in gender, RA 10172 (?)

tn: silverio case
tn Jennifer cagandahan case.

Anacleto alanis III v CA

Legitimate children can use the surname of the mother. Under civil code, the word used
is “princippaly” thus, not exlcusive only to the father’s surname…

…
The adopted child can use the surname of his biological surname.

RA 9048 - …

See Bartolome case

What your mind can perceive, the body can achieve.