notes for finals

8/3/2019 Notes for Finals

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Class Notes for Finals

Dean Leonen

Right-duty correlative*the right-duty correlative gives rise to a COAe.g. if one has a right under a prestation provided by a contract, then it getsBREACHED (i.e. the duty was not performed), then the party whose right is breachedhas COA

*a breach of duty can bring about several COA*What is a SECONDARY RIGHT? It is a right-duty correlative w/c exist whenevertheres a breach of primary rightse.g. right to damages, reliefs-they are not all procedural (e.g. damages are not provided under ROC)

RELIEF vs. REMEDY

2 types of remedy1. ACTION: WON there is a breach of a right-duty correlative

a. Criminal actions

b. Civil Actions

i. Ordinary

ii. Special civil actions: modify some procedures of ordinary civil

action

2. PROCEEDING: WON status/fact exist all rights and obligations

appertaining to status would be legally binding

e.g. acknowledgment of legitimacy of child

naturalization

adoption

guardianship

OVERVIEW of CIVPRO

Alternative Dispute Settlement? E.g. Ford Motors entered in a lease agreement w/ RP for 5yrs. But Ford only wantsto stay for 4yrs. Are the parties required to undergo ADR?

Under KATARUNGANG PAMBARANGAY: NO. 1 of the parties is a GovtsubdivisionUnder ADR LAW? If theres an arbitration agreement in the Lease

agreement providing for such, yes

1 | C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s


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Dean Leonen

*katarungang pambarangay applies only to NATURAL PERSONS, does not apply togovernment subdivisions and institutions so di applicable in this case

? isnt ADR law meant to make ADR MANDATORY? NO. it gives parties autonomy.? what if Ford, before entering lease agreement, wants to have an arbitrationagreement? Make an arbitration agreementCONTENTS:*Court w/c would have jurisdiction*# of arbitrators

*(? )governing law: can one party insist that 1 law be followed??If can stipulate on what governing law should be, could a foreigner lawyer appear

before RP arbiters and practice NY Law here>

Arbitration vs. Adjudication

*where arbitration would be conducted-usually apply law where the arbitration occurs-depends on the bargaining strength of another party

? T or F: it is now possible that all disputes may be subject to ADR?FALSE. There are disputes that cannot be subject to ADR:

? What are the procedures for ADR?

1. Arbitration: voluntary dispute resolution process wherein, in accordance

w/ agreement of parties, the dispute is resolved by rendering an AWARD2. Mediation: voluntary process in which a mediator, selected by the

disputing parties, facilitates communicationand assist the parties inreaching a voluntary agreement re: dispute

3. Conciliation

4. Early neutral evaluation: parties and lawyers are brought together earlyin pretrial phase to present summaries of their cases and receive anonbinding assessment by an experienced neutral person w/ expertise inthe subject matter of dispute*status of agreement to submit to ENE: contractual and consensual

?is it mandatory? NOWhat if parties agree to a ENE b4 adjudication? Valid, forms part of contractCan it be different from initial contract? YesWho chooses the evaluator? Law is silent

*Sir wants to apply the rules on arbitration on the other forms of ADR5. Mini trial: the merits of the case are argued before a panel comprising of

SENIOR DECISION MAKERS, parties seek negotiated settlement

6. MED-ARB: involves both mediation and arbitration*Settlement vs. arbitration award-Settlement from negotiation, mediation; arbitration award from arbitration

?mediation: should it be neutral? The law does not provide for procedure only forarbitration

?What is the default?If no arbitration clause: may still undergo ADR (pretrial stage conducts ADR)If theres arbitration clause: arbitrate-this would include agreement as to the law applicable, court that would have

jurisdiction, the arbitratorsWhat if no agreement as to who is going to be the ARBITRATOR?

Default: parties agreeIf none:


(corpo? Questions)Can a fully foreign-owned corporation produce cars inRP? NO. Art12.2Can a corporation fully owned by foreigners BUTREGISTERED IN RP produce cars in RP? YESWhat about MRT (owned by foreigner, leased to RP)?*Pede to under transpo ehI forgot na why

Under ADR law, the ff are not subject to ADR: L3 S2MJCLabor disputes under Labor CodeCivil Status of personsValidity of marriageAny ground for Legal Separation

Jurisdiction of courtsFuture LegitimeCriminal liabilityAccdg to Law, cannot be compromised

Know how to craft ARBITRATION CLAUSE: Study

ADR laws


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Dean Leonen

1. The institution: if institutional arbitration2. If ADHOC: IBP president appoints

3. If under UNCITRAL MODEL LAW: appointed court may choose?What happens in ENE and Minitrial? What law would apply?

The parties may determine consequences when there is a disputeprovide proviso as there is no governing rule

if no proviso, badly crafted, NULL & VOID? NO. courts would interpret it (*partiesintended to undergo ADR, Malabo lang pagkacraft)-In ENE & MT, lawyers have opportunity to craft the rules that would govern

MEDIATION, Katarungang pambarangayGR: all civil cases must undergo katarungang pambarangayX: parties agree in writing that jurisdiction of dispute is not under katarungangpambarangay?when party requests for provisional remedies

KATARUNGANG PAMBARANGAY:-When undergo: basically all civil casesX: seven exceptions

-lawyers may be present in Katarungang Pambarangay Proceedings but cannotspeak for the partiesthey may give advice to the parties it is not prohibited by LGCWhat happens if you put Arbitration proceedings? Go to KB? No, contract governs!Pangkat still conciliation proceedingsThe assumption is that when the chair cant do it, 3 persons may be able to do it!(Fallacy daw sabi ni sir!)

END: Amicable settlement a special kind of contract arising from the settlement

-Enforcement: apply for a writ of execution (it has a nature of a final judgment)w/n 6m: before luponafter 6m: Municipal courtIF NO AGREEMENT: lupon chair issues a CERTIFICATE TO FILE ACTION-certificate to file action attached to the complainREMEDY for assailing AMICABLE SETTLEMENT: REPUDIATIONOFTHESETTLEMENT w/n10dafter the date of settlement

-grounds: FVI-how: sworn statement/affidavit filed w/ lupon chair-condition precedent: w/o it, action could be dismissed

CAN MEDIATION BE COMPULSORY?*Mediation is compulsory in KB parties should undergo KB or else action could bedismissed (condition precedent)BUT GR: mediation is not compulsory (ADR Law: voluntary process nga eh)

MEDIATION vs. ARBITRATION vs. CONTRACTMediation: Mediated settlement (ADR Law)Arbitration: Arbitrational Award (ADR Law, Domestic Arb Law)KB: Amicable Settlement (LGC)Contract: parties themselves entered it

DIFFERENCE IN ENFORCEMENT

?what if the amount involved is P1.3M? where would the settlement be enforced?Still depends on where the settlement was made LGC or ADR law?did the ADR Law (later law) repeal LGC provs? NO! (note here the conflict: in ADRlaw, conciliation is voluntary while in KP, conciliation is a condition precedent tofiling an action) response to conflict: not all disputes are subject to KP (see above!)

Okay notes for clarificationSUMMARYResult Amicable

settlementArbitral Award Mediated

SettlementContract

Source LGC LGCADR lawDomestic Arb

ADR Law parties

process KB conciliation Arbitration Mediation,

negotiation

Agreement of

partiesEnforcem w/n6m: enforce If under KB: Petition for Action for


Sec108, LGC: subj matter of Amicable

settlementGR: all disputesparties ACTUALLY RESIDING in sameCITY/MUNICIPALITYX:1 party = govt/subd1 party = public officer/ee + dispute related toperformance of official functionsOffense punishale by

IMPRISONMENT > 1YRFINE > P5K

Offenses w/o private offended party (sinomagpupunta brgy???)Real property in different cities

X: parties agree

Parties actually reside in brgys of DIFFCITIES/MUNICIPALITIES

X: brgy units adjoin each other +parties agree

Disputes determined by the PresidentIn interest of justice ORupon recommendation by SOJ


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Dean Leonen

ent before luponafter 6m:enforce byMotion (?) forexecutionbefore MTC

w/n6m:enforce beforeluponafter 6m:enforce byMotion (?) forexecution

before MTCIf under ADRLaw:DOMESTIC:Motion forconfirmationINTL:-covered byNY conventionMotion forrecognitionandenforcement-not coveredby NY

conventionFollow ROC somotion for writof execution?-if foreign

judgment:Considered asforeing arbitralawardIf under CiAC:No need toconfirm, justapply forexecution

enforcementof settlementagreementbefore RTC

specificperformancebefore RTC?

Remediesagainst

Repudiationw/n10d afterdate ofsettlement -swornstatement/affidavit filed beforelupon chair lupon chairwould issuecertificate tofile action(based on FVI)

If under KB:File petition tonullify arbitralaward b4 MTC(based on FVI)If DomesticArb law:Motion tovacatebefore RTC*Awardprocuredthroughcorruption,fraud*evidentpartiality on

ADR law silent Action to annulcontract?

the part of thearbs*arbs guilty ofmisconduct*Arbsexceededpowers

Appealable?

No? but it has aforce andeffect of a final

judgment of acourt, so isnt itappealable?

Judgmentconfirmingaward/recognizing andenforcingaward may beappealed

Law silent maybe

ROYALESVS. IAC-failure to undergo KPL is a ground for dismissal of the action, it being a conditionprecedent

GALUBAVS. LAURETA-an Amicable settlement under the Katarungang Pambarangay law may only beannulled by repudiation w/n 10d after the date of settlement and not by filing apetition to nullify the settlement

Grounds for MTD: Lack of Jurisdiction vs. No COA vs. Failureto state a COA vs. Condition precedentLack of Jurisdiction No COA Failure to state a

COAConditionprecedent

Jurisdiction isconferred by law.Law is created bythe Legislature. Soparties, and the

courts cannotchange it byagreement orwaiver.-lack of jurisdictionover the res is aMTD ground thatcan be raisedanytime, evenafter appeal

COA is an act oromission by w/c aparty violates theright of another-theres a right-

duty correlativeinvolved, ascompared to theother grounds

There may be aCOA, but theplaintiff failed toproperly allege itin the pleading. UF

that establish theright-dutycorrelative absentin the pleading

Law mandates thatan act/procedureshould becomplied firstbefore filing of an

action-there may be aCOA and the courtmay have

jurisdiction but theaction cannot betaken cognizanceyet since theres astep missing

Examples of Condition Precedents1. KB should obtain certificate to file action2. If contract provides for arbitration agreement3. Exhaustion of administrative remedies

4. In Petition for CPM (R65), need to exhaust all remedies available first?How to take disputes out of KB? Ask for provisional remedies



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Dean Leonen

ADR ulit

Mediationarbitration

Domestic

InternationalInstitutional Ad hoc regular ConstructionRulesgoverning

Rules of theinstitution

Agreement of parties Domestic Arb law RA 876(parties can agree as to theprocedure, but not to the law)

CIAC law EO 1008 UNCITRAL model law(parties may agree as to procedurethat would be followed)

Scope Mediation subject tointernational rules

Mediation subject tothe agreement of theparties

Domestic ArbitrationX:

1. L abor disputes underLabor Code

2. Civil Status of persons3. Validity of marriage4. Any ground for Legal

Separation

5. Jurisdiction of courts6. Future Legitime7. C riminal liability8. Accdg to Law, cannot

be compromised (NCC:future support)

Construction Disputes, even ifcommercial and international innatureSame exceptions

Parties are international:-place of business outside RP-does not include domestic subsidiaryof international party or a coventurer ina joint ventureCommercial in natureSame exceptions

Venue Place whereinstitution located?

1. agreement ofparties2. place convenientand appropriate

1. agreement of the parties2. place convenient andappropriate in thePhilippines

1. agreement of the parties2. place convenient andappropriate in thePhilippines

1. agreement of the parties2. MM or place convenient

Whoappointsmediators/arbs

Institution has panelof mediators

Agreement of parties 1. Parties then the arbitrators (if3 arbitrators)2. Courts when:a. parties unable to agree

b. appointed arbitratorunwilling/unable to serve, nosuccessor namedc. party fails/refuses to namearbitratord. arbitrators fail to appoint 3rd

arbitratore. agreement silent as to # ofarbitratorf. arbitrator initially appointed byRTC declines/fails to duly acceptthe appointment

CIAC and parties 1. agreement (person, institution)2. National President of IBP3. the court, if 2 appointed arbitratorsunable to appoint 3rd arbitrator

Language Law is silent English and Filipino 1. Agreement2. English

Confidential?

YesUnless:

Maybe. Law is silent but ADR lawsabi oo

Maybe. Law is silent but ADR lawsabi oo

Yup



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Dean Leonen

1. parties agree in authenticate record2. available to public3. threats4. plan crimes5. abuse, neglect, abandonment, exploitation6. malpractice of med/party/nonparty7. Need for evidence heavier, esp:

a. hearing in camerab. crime or felonyc. reform or ability to avoid liability

Challengeformed/arbs

Conflict of interest? 1. Justifiable doubts onimpartiality orindependence

2. No qualifications asagreed upon by parties

Impartiality? Before arbiters first then to the courtappointed

Enforcement

Petition before RTC-may be deposited to RTC COC

File Motion to confirm ArbitralAward then Enforced as a Finaland executor judgment: soneeds motion for WOE beforeRTC

No need to be confirmed by RTC so just execute?

Recognition and Enforcement filedw/RTC-covered by NY conventionMotion for recognition and enforcement-not covered by NY conventionFollow ROC so motion for writ ofexecution?-if foreign arbitral award: confirmed byforeign court:Recognized NOT AS A FOREIGN

JUDGMENT (THEREFORE NOTAPPEALABLE) but a FOREIGN ARBITRALAWARD-if foreign arbitral award: confirmed byRP courtsEnforced as final and executor award inRP (appealable)

Vacation

Law silent

*Award procured throughcorruption, fraud*evident partiality on the part ofthe arbs*corruption of arbitrator*arbs guilty of misconduct*disqualification of arb not madeknown*Arbs exceeded powers

Insufficient info

(note: sabi ADR law grounds formodifying or correcting award underDomestic Arb law)*evident miscalculation of figures*award not among reliefs prayed for*award imperfect in form

Whatparties canagree on

Since ADR law silent, could probably agreeon anything as long as not contrary to law

1. agreement to publish mediationproceedings

2. agreement to subject parties toinstitutional rules

3. appointment of mediators4. number of mediators

1. agreement to subject disputeto other forms of ADR2. number of arbs3. method for naming arbitrators4. procedure5. time w/n w/c arbitral awardshould be made6. venue for arbitration7. language to be used

Agreement that mediator act asarbitrator and vice versa

1. agreement to publishproceedings (forconfidentiality)

2. procedure to subject parties toinstitutional rules

3. venue4. language to be used5. appoint court that would be

competent to

a. appoint 3rd arbiter

b. decide on challenges onarbitrator



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Dean Leonen

c. decide on termination ofmandate of arbitrator forimpossibility to act

d. decide on jurisdiction ofarbitral tribunal

e. vacate/set aside arbitralaward

6. # of arbitrators7. Procedure for appointing

arbitrators8. Qualification of arbitrator9. Procedure for challenging an

arbitrator

10.How arbitration proceedingsconducted (how initiate, rulesof procedure, how to decide)

11. Law to be applied by thearbitral tribunal

12. Period w/n which arbitraltribunal would decide

13. Assessment of expenses

***ooops! Recognition of arbitral awards are under Special proceedings! So NOT ANACTIONnot sure if its a motion though

JurisdictionJAVIERVS. CAThe court would not take cognizance of a case under the exclusive originaljurisdiction of an administrative agency vested by law (primary administrativejurisdiction)

Primary Admistrative Jurisdiciton vs. Exhaustion of

Administrative Remedies

TIJAMVS. SIBONGHANOYSir said that this is NOT an EXCEPTION TO THE GENERAL RULE THAT the

jurisdiction of the court may be assailed any time since the issue here is WON PARTYCAN RAISE THE ISSUE OF LACK OF JURISDICTION (not WON the court has

jurisdiction) even after 15 yrs!Reqs for Jurisdiction by Estoppel/laches:

1. unreasonable length of time2. unable to raise lack of jurisdiction3. other party was lead to believe that the other party would not raise it as a

ground for dismissal



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Dean Leonen

different from Estoppel by deed: even if the court had no jurisdiction over thesubject matter of the dispute, if the contesting party sought AFFIRMATIVE reliefsfrom the court then he is estopped from assailing courts jurisdiction

BP 129SC CA RTC MTC

OriginalJurisdiction

CPMHQ1. Certiorari2. Prohibition3. Mandamus4. HabeasCorpus5. QuoWarranto6. actionsaffectingambassadors,publicministers andconsuls

CPMHQA1. Certiorari2.Prohibition3.Mandamus4. HabeasCorpus5. QuoWarranto6. AuxiliaryWrits WONin aid of itsappellate

jurisdiction

CPMQHI1. Certiorari2. Prohibition3. Mandamus4. Habeas Corpus5. Quo Warranto6. Injunctioneffective w/nrespective regions7. actions affectingambassadors andother publicministers andconsuls

Sorrycantissue writs!

EOJCivilCases

None not atrial court Actions forannulmentof RTC JFOR

1. incapable ofpecuniaryestimation2. title to orpossession of realproperty or anyinterest thereinASSESSEDVALUEMM: exceeds 50kOutside MM:exceeds20k3. all actionsinvolving contractof marriage and

marital relations4. all civil actionsand specialproceedings fallingw/n the EOJ of aJDRCCAR5.all actions notw/n exclusive

jurisdiction of anycourt, tribunal, etc.(CATCH-ALLCOURT)6. admiralty &maritime, claim or

demand7. Probate, Gross

1. Probateproceedings(gross estatevalue)2. admiraltyproceedings(demand)3. all otheractions(demand)MM: does notexceed 400kOutside MM:does notexceed 300k

4. title to orpossession ofreal propertyor any interesttherein(assessedvalue): doesnot exceedOutside MM:20kMM: 50k(exclusive ofIDALC)6. forcibleentry and

unlawfuldetainer

value of estate8. all other cases,Demand exclusiveof IDALCMM: exceedsP400koutside MM:

exceeds P300k

(regardless ofassessed valueof property)

judgment onthe question ofownership,when

necessary toresolve theissue ofpossession,would not beconclusive

SpecialJurisdiction

-- -- Family Courts1. custody andguardianship ofchildren2. adoption3. annulment ofmarriage4. support5. declaration of

status of childrenas abandoneddependentneglected6. constitution offamily homeIntracorporatedisputes

*cadastral*landregistrationcasesWhen RTC

judges notavailable:>bailapplication

>habeascorpus cases

AppellateJurisdiction

(by appeal orcertiorari)1.constitutionality or validityof a law2. legality ofa tax,impost..3. questionsre:

jurisdiction oflower courts4. criminalcases wherepenalty RP +5. error orquestions oflaw ONLY

(petition forreview)

JDROA of-RTC-QJA*questionsof fact andlaw

(petition forreview)

JDROA ofMTCMTCMCTCIn their respectiveterritorial

jurisdictions

--

Jurisdiction over the res-determined by law



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Dean Leonen

*Jurisdiction is determined from the allegations in the complaint (as was held in

RIVERAVS. SANTIAGO and DAR VS. CUENCA) for orderly administration ofjustice (regardless if the allegations are true or not)*Jurisdiction over the res = jurisdiction over the subject matterCOA vs. Subject of the complaint: COA is the normative while the subject of thecomplaint is the thing over which the right-duty correlative occurse.g. COA: right to peaceful possession of land which is breachedsubject matter: land*determination of COA: if theres a right-duty correlative breached

BARANGAYSAN ROQUEVS. HEIRSOF PASTOR-An expropriation suit is incapable of pecuniary estimation. Accordingly, it fallswithin the jurisdiction of the regional trial courts, regardless of the value of thesubject property.

FLORESVS. MALLARE-PHILIPSTheres misjoinder of parties here so totality rule does not apply. TOTALITY RULEonly applies when theres a proper joinder of COA and of parties as provided underthe rules of court

?If proper joinder of COA, 1 plaintiff vs. 1 defendant: plaintiff may join different COAtogether following R2.5But if several plaintiffs vs. 1 defendant, 2 or more COAOr 1 plaintiff vs. several defendants, 2 or more COAshould follow R2.5 (joinder of COA) and R3.6 (joinder of parties)e.g. when a ship sinks, the victims would join together to file action vs. commoncarrier

*TIP ON CAPTION: mali daw ung Action for Damages: dapat daw alam ung COA moand not the relief! So pano title? Action based on Breach of Contract???

Jurisdiction over the personOf the plaintiff: when plaintiff files actionOf the defendant: through

a. summons

b. voluntary appearance

MANCHESTER DEVTVS. CAThe payment of docket fees is a mandatory requirement for the court to acquirejurisdiction over the action

SUN INSURANCEVS. ASUNCIONCourt could allow payment of docket fees w/n reasonable time. Docket fees arebased not only on the prayer, but also on the body of the complaint (why complaint?A complaint asks for awards)

Rules on payment of docket fees:1. prescribed docket fee for filing of initiatory pleading: may pay kulang w/n

reasonable time but not beyond applicable prescriptive reglementary

period

2. Permissive counterclaims, TPC, similar pleadings (complaints after initiatorypleading): pay kulang w/n reasonable time but in no case beyondapplicable prescriptive period

3. Judgment awards a claim not specified in the pleading (therefore, docketfees for that award not yet paid): additional filing fees constitute lien on the

judgment

Re: jurisdiction of MTC over FEUDORTIGASVS. CAMTC has no jurisdiction over issues of ownership: can only rule on the issue ofpossession

DUIVS. IBAJANIn ejectment cases, the sole issue is the physical possession of the property, andneither the claim of Juridical Possession nor an averment of ownership by thedefendant can out rightly deprive MTC from taking cognizance of the case

Re: Tenancy problemRIVERAVS. SANTIAGOMere invocation of agricultural tenancy does not ipso facto divest the MTC of

jurisdiction over a complaint for ejectment when tenancy is averred as a defenseand IF shown prima facie to be the real issue, the MTC must dismiss the case forlack of jurisdiction. Under RA 6657, it is the DAR that has authority to hear anddecide when tenancy is legitimately involved.Requisites for Tenancy:

1. Parties: landowner and tenant2. Subj: agricultural Land3. Mutual consent to tenancy4. Purpose of relation: agricultural Production5. Personal cultivation by tenant6. Sharing of harvest

DAR VS. CUENCADAR has jurisdiction over matters involving the implementation of agrarian reform,agrarian conflicts and land tenure related problems. BUT RTC now conferred with

jurisdiction of Agrarian Reform Courts so RTC may have jurisdiction, particularly inpetition for determination of just compensation to land owners

SOUTHERN CROSSVS. CEMENT MANUFACTURERS-bifurcating of appeals is frowned upon unless the law provides otherwise

COA(Rule 2)R2.1 every ordinary civil action should be based on a COAR2.2 COA defined: an act or omission by which a party violates the right of anotherR2.3. 1 suit for 1 COA di pede file marami suit for only 1 COAR2.4. Splitting of COA: if 1 COA, 2+ suits:Ground for dismissal if

a. File of 1 action



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Dean Leonen

b. Judgment upon the merits in 1 actionR2.5 Joinder of COA: 1 pleading, as many COA in the alternative or otherwise

a. Comply w/ 3.6b. Cant join ordinary civil action with special civil action or actions governed

by special rules

c. Same parties, different jurisdiction and venue for COA, one of the COA fallsunder RTC: join in the RTC

d. If all COA joined are for the recovery of a sum of money: aggregate amountdetermines jurisdiction

R2.6. MISJOINDER OF COA not a ground for dismissal: only for severance

BACOLODVS. SMBIf 1 act or omission gives rise to 1 COA with several reliefs, cannot institute separateactions for the said reliefs or else it is deemed as splitting of COA

*so a single COA may give rise to several reliefs. But if a transaction gives rise todifferent COA (different rights breached), could file separate actions and it would notbe deemed splitting of COA*rule on JOINDER OF COA applicable also in a crossclaim, counterclaim, TPCCaveat: if several parties are involved, should ALWAYS FOLLOW R3.6!

R2.4 (splitting of COA) vs. R2.6 (misjoinder of COA)Splitting of COA: grounds for dismissal (res judicata or litis pendentia)Misjoinder of COA: NOT a ground for dismissal but merely for severance? WHY? If joined improperly, no repeating of COA but just wrongly joined. IF split,repeat COA (so PUNISH REPEATING OF COA!)

Parties

(Rule 3)R3.1 Who may be parties?

1. Natural Persons2. Juridical Persons3. Entities Authorized by Law (labor unions, UP, LGUs, Government agencies)

Types of Parties

1. Real Parties in Interest2. Representative parties

a. Class suits (hybrid of joinder of COA and parties)b. Guardiansc. Trusteesd. Administratorse. Executorsf. Parties authorized by law

OPOSAVS. FACTORANGenerations yet unborn are not natural persons nor juridical persons nor entitiesauthorized by law but the court still allowed the suit based on the Intergenerationalresponsibility of the petitioners

R3.2 Real Parties in Interest: party who-stands to be benefited or injured by the judgment in the suitOr party entitled to the avails of the suit

-every action must be prosecuted or defended by real party in interest (or elseground for MTD based on lack of capacity to sue)R3.3 Representative parties-beneficiary included in the title of the case-if AGENT w/ UNDISCLOSED PRINCIPAL:GR: may sue or be sued w/o joining the principal (not included in the title)X: contract involves property of the principal

FILIPINAS INDUSTRIALVS. SAN DIEGOEvery action must be prosecuted by the RPI and if the principal is DISCLOSED, actionmust be brought in the name of the principal and not in the name of the atty-in-fact/agent

? What should be the ground when a suit is brought by a party who is not the realparty in interest? Failure to state a COA, not lack of capacity to sue sabi ni sir.Capacity is under R3.1, but if you dont have any COA, you dont stand to bebenefitted or injured by the judgment or is entitled to the avails of the suit.

R3.4. Spouses as PartiesGR: husband and wife sued jointlyX: as provided by law

R3.5 Minor/incompetent persons-may still sue/be sued, w/ assistance

R3.6. PERMISSIVE JOINDER OF PARTIES-All persons in whom or against whom ay right to reliefin respect of or arising from the same transaction or series of transaction isalleged to existWhether Jointly, severally, or in the alternativeMay join as plaintiffs or be joined as defendants in 1 complaintcommon question of fact or law

R3.7. COMPULSORY JOINDER OF INDISPENSABLE PARTIESINDISPENSABLE PARTIES: w/o whom no final determination can be had of theaction

-should be joinedFinal determination: tapos na issue, res judicata na dapat forever! Wala na pedengmagfile ulit ng case!

R3.8 NECESSARY PARTIES (also called PROPER PARTIES)-one who is not indispensable but who ought to be joined as a partyif complete relief is to be accorded as to those already parties,OR for a complete determination or settlement of the claim subject of the actione.g. Insurance companies in case of TP liability: they are necessary parties since thedefendant would have to claim from them to pay the liability if ever, but they are notindispensable in the sense that the action would not push through w/o them

R3.9 NONJOINDER OF NECESSARY PARTIES TO BE PLEADEDIf necessary party not joined, should set forth name of necessary party not joinedthen state reason why not impleaded.



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Dean Leonen

If court finds that the reason is UNMERITORIOUS, court couldorder that thenecessary party be INCLUDED so order amendment of the complaint to include thenecessary partyfailure to comply with the order for h is inclusion is deemed a waiver of the claimvs. party*SIR: if failed to comply with order of the court, this may be a ground for MTD underR17.3 (noncompliance w/order of court)

R3.10 Unwilling co-plaintiff: didnt consent to be joined as plaintiff so include asdefendant and state reasons why made a defendant*SIR: this serves as a notice to the defendant to give him opportunity to participate

R3.11 MISJOINDER and NONJOINDER of PARTIES: not a ground for MTD but forseverance or amendment of complaint to add parties

R3.12 CLASS SUIT1. Subject matter of controversy is one OF COMMON INTEREST TO MANY

PERSONS2. Persons interested SO NUMEROUS THAT IT IS IMPRACTICAL TO JOIN THEM

ALL AS PARTIES3. # of parties representing SUFFICIENTLY NUMEROUS AND REPRESENTATIVE

as to fully protect the interests of all concerned

*any party in interest shall have RIGHTTOINTERVENE to protect his interest

MATHAYVS. CONSOLIDATED BANKAn action does not become a class suit merely because it is designated as such inthe pleadings. Whether the suit is or is not a class quit depends upon the attendingfacts, and the complaint, or other pleading initiating the class action.

*Common interest: 1 subject matter, same reliefs that may be c laimed, same COA*In class suits, there is joinder of COA (each party has a COA, but it is common) and

joinder of parties (parties so numerous, their COA arise out of the same transaction+ common question of fact or law)?What is the proper remedy if there is an improper class suit? MTD based on Failureto state a COA. Elements of a COA lacking if improper class suit

R3.13 ALTERNATIVE DEFENDANTS-certain as to who are liable, not certain against whom relief may be sought

R3.14 UNKNOW DEFENDANT-doesnt know name or identity of defendant-if true name or identity later

IF PARTY DIES1. Determine WON claim is extinguished2. If NOT EXTINGUISHED: Counsel should inform the court of death and submit

names and addresses of the legal representative of the party-heirs could be substituted w/o requiring appointment of executor-if none: court may order opposing party to procure the appointment of anexecutor or administrator, costs may be recovered as costs in the judgment

...if defendant dies: and action on contractual money claims:

>death before entry of final judgment in court: allowed to continue until entry offinal judgment

>if favorable judgment: enforced against defendants estateif public officer dies: action may be continued by successor if it is satisfactorilyshown that the successor would adopt same position as decedent

Venue

(Rule 4)R4.1 Real Actions actions affecting title to or possession of real property, orinterest therein-court w/c has jurisdiction over the area wherein the real property involved, or aportion thereof is situated-FEUD: MTC w/c has jurisdiction over the area wherein property locatedR4.2 Personal Actions all other actions-commenced and tried where1. plaintiff or principal plaintiffs reside2. defendant or any of the principal defendant resides3. non-resident defendant: where he may be found-election of plaintiffR4.3 Venue vs. nonresidents-defendants: nonresident + not found in RP-action affects the

>personal status of the plaintiff>any property of defendant located in RPVENUE:1. Court where plaintiff resides2. court where any portion of the defendants property may be foundR4.4 RULES on venue not applicable when

1. Law specifies venue2. Parties validly agreed

in writingbefore filing of actionof EXCLUSIVE VENUE (should always contain EXCLUSIVE!)

? When is venue a matter of jurisdiction?When WARSAW CONVENTION APPLIES. In the Warsaw convention, the venue wherethe action may be brought are limited to the following:

1. Domicile of airline2. Principal place of business3. Place of business through which contract was made4. Final destination

However, since Warsaw Convention is a treaty, adopted as a law in the Philippinesby the Incorporation Clause, it specifies the rule on exclusive venue in accordancewith the first situation under R4.4.

Venue (R4) Summons (R14)Real Actions: action affecting title to orpossession of real property or anyinterest therein

Action in Rem: Actions, the judgment ofwhich affects the whole world.

Personal Actions: all other actions Action in Personam: Actions, thejudgment of which affects only theparties to the action

*not all actions in personam are personal actions, the same way that actions in remare real actions



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Pleadings(Rule 6)Pleadings-written statements of the respective claims and defenses of the partiessubmitted to the courtfor appropriate judgment

Pleadings Motions Orders

Contains the claimsand defenses of theparties for appropriatejudgment from thecourt asks for finalrelief

Contains any relief not bya pleading-relief asked merelyinterlocutory: does notresolve the case withfinality

-may be interlocutory orfinal orders-from the court

Complaint-pleading alleging the plaintiffs COA/s-states name and address of the parties

Okay, draft a complaint:

Republic of the Philippines(Court)

(judicial Region of the court)(Branch, City where court found)

Plaintiffs name,Plaintiff

Vs. Civil Case No. (keep blank)FOR: (characterization of the action)

Defendants name,Defendant

x--------------------------------x

(Caption)Plaintiff, (name of plaintiff), through counsel, (and to this Honorable Court),

respectfully avers (= specifically allege):(paragraphs numbered: should contain 1 strain of thought, 1 sentence

only )

1. Plaintiff is (then aver UF relevant for the capacity of the party to sue)and a resident of(specify address)

2. Defendant (aver UF relevant to make defendant a real party in interest,aver capacity to sue) and may be served summons and other judicialprocesses at (specify address)(important: name of parties and their address where notices andsummons may be served)

3. Allege UF step by step. Dont forget anything. Check if it is subject toMTD, MBPno need to allege law violated If several COA, have subheadings!

RULES in making allegations in pleadings: Rule 8a. UF: methodical and logical form, PCD facts on which party

pleading relies for his claim or defense-omit EF: if no issues tendered, no need to present EF + plaintiffmay not have any EF at the time of filing of complaint

b. COA: may allege as many COA as there are present, alternativelyor hypothetically

c. Conditions precedent: averred generallyd. Capacity to sue or be sued: important in first paragraphse. Fraud, Mistake: stated w/ particularityf. MIKOCM (Malice, Intent, Knowledge, other conditions of the mind):

general avermentg. Earlier decisions as part of UF: generally aver, no need to show

jurisdictionh. ACTIONABLE DOCUMENT:

(1) Substance of instrument/document set forth in the pleading(2) Attach Original as exhibit(3) Attach Copy as exhibit(4) Copy set forth in the pleading

i. Official document/act: aver that it was issued in compliance w/law

Prayer

WHEREFORE, premises considered, it is most respectfully prayed that judgment berendered in favor of the plaintiff(name of plaintiff) as follows:

1. PrayerReliefs sought to be obtained

2. Such other reliefs as that the Court deems just and equitable. (generalprayer)

(Place where pleading was made). Date.

Name of counsel plus signatureRoll of Atty # (shows that lawyer)PTR # + date and place (shows payment of tax)IBP # + date and place (shows good standing)MCLE compliance # (pero sa June pa)email ad and cellphone # (if before SC)

Name of lawfirm/counselAddress of lawfirm /counsel

Certificate Against Forum ShoppingRepublic of the Philippines)City of ________________) s.s.

I, (name of plaintiff), after having been duly sworn in accordance with law, deposesand states that:

1. He/She is the plaintiff in the case entitled (title of the case);2. He/She certifies that he has not commenced any action or filed any claim

involving the same issues before any court, tribunal or quasi-judicialagency;

3. To the best of his/her knowledge, there is not such pending claim;



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4. If he/she should learn that a similar action or claim has been filed or ispending, he shall report such fact within five (5) days from the discovery tothis Honorable Court.

(sgd) Name of plaintiff

(jurat)

Subscribed and sworn to before me this (date), affiant exhibiting to me hisCommunity Tax Certificate No. (enter number) issue at (place where CTC issued) on(date when CTC issued).

(sgd) Name of Notary PublicNotary PublicUntil (date of validity)PTR no. (for tax purposes)Issued at (place where issued)On (date when issued)

Doc No.Page No.Book No.Series of 2009.

*note: the complaint should be served with the summons! Sosee summons

Republic of the Philippines(Court)

(Judicial Region)Branch #, Location


Vs. Civil Case No. now with numberFOR: (characterization of the action)

Defendants name,Defendant

x--------------------------------x

Summons

TO: (Name of Defendant) of(address)

You are hereby required to enter your appearances in the above-entitledcase within fifteen (15) days after the service of this summons upon you, exclusiveof such service, and to answer the complaint of the plaintiff which is hereto attachedand herewith served upon you, within the time fixed by the rules of Court. If you failto appear within the time aforesaid, the plaintiff will take judgment against you bydefault and demand from this Court the relief applied for in said complaint.

Witness the Honorable (name of judge), Judge of this Court, this (date ofissue).

(sgd) Name of COCClerk of Court

*signature of counsel needed, or else pleading would have no effect (Remedy: fileMTD based on lack of jurisdiction over the subject matter)*CNFS required: or else treated as a mere scrap of paper (REMEDY: MTD: lack of

jurisdiction over the subject matter) checklist as is!

-CNFS always present in initiatory pleadings

? What if pleading failed to aver UF? MTD based on failure to state COA

Motion for Bill of Particulars-when: before responding to a pleading (so pede before filing answer to reply to acomplaint, pede before filing a reply to respond to an answer)-Ground: More definite statement, matters not averred with sufficient definiteness orparticularity to enable him properly to prepare his responsive pleading-Contents: should point out1. defects complained of:2. paragraphs wherein the defects are contained;3. details desired

Court may either1. Deny it: should file responsive pleading w/n time remaining, which should

not be less than 5d

2. Grant it: opposing party should comply with order w/n 10d OR ELSEa. Court orders striking out of pleadingb. Court would make order which it deems just

3. Allow parties opportunity to be heard*filing of MBP suspends the period to file responsive pleading ONLY IF IT ISGRANTED. The least it could do if denied would be to add 5 days min to the periodwherein which one could file responsive pleading.

Answercontains the defenses of the defendant

Kinds of defenses:1. Negative Defense: specific denial of the material facts/s alleged in the

pleading of the claimant essential to his COA (so specific denial of UF)2. Affirmative Defense: allegation of new matters which, while hypothetically

admitting the material allegations in the complaint, would neverthelessprevent or bar recovery by the claimant. Includesa. Fraudb. I llegalityc. Released. Paymente. Former recoveryf. Discharge in bankruptcyg. Estoppelsh. Statute of limitationsi. Statute of frauds

j. Any other matter by means of confession or avoidance



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Dean Leonen

So draft an answer!

Republic of the Philippines(court)

(judicial region)Branch (#), (Location)


Vs. Civil Case No fill out #For: characterization of the action)

Defendants name,Defendantx---------------------------x

AnswerDefendant, by counsel, respectfully state that:

Admissions/Denials(notes)*defendant should SPECIFICALLY DENY each material allegation of facts

-whenever practical, set forth substance of the matters upon which herelies-includes denial of the capacity of the party to sue or be sued*partial denial: specify which part is admitted and which part is deniedspecifically*if defendant WITHOUT KNOWLEDGE/INFORMATION SUFFICIENT TO FORM ABELIEF AS TO THE TRUTH OF THE MATERIAL AVERMENT, specifically statesuch*DENIAL OF ACTIONABLE DOCUMENTS:-under oath (not needed if not a party to the actionable document)-specifically denied-set forth what actually happened (defendants version)-genuineness: authenticity (WON it was forged):: due execution: formalitiesas to its execution (capacity of parties to contract)*Usury allegation also required to be under oath (but no usury anymore)

1. He admits the contents of paragraph #. (specific denial proper)2. He admits the contents of paragraph # in so far as.but specifically deny

that (state substance of denial). (partial denial)3. He specifically denies the contents of paragraph #, as he lacks knowledge

or information sufficient to form a belief as to its truthfulness. (denial basedon lack of knowledge)

4. He specifically denies the genuineness and due execution of the documentmentioned in paragraph #, it being that. (denial of actionable document)

Affirmative Defenses5. Defendant repleads, reiterates, and incorporates by reference all the

foregoing insofar as they are material and additionally submit that thecomplaint should be dismissed because:

5. 1. Plaintiff has.(may plead any of the enumeration under affirmativedefense or any of the grounds for MTD EXCEPT LACK OF JURISDICTIONOVER THE PERSON OF THE DEFENDANT and IMPROPER VENUE)

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favorby dismissing the complaint. Other just and equitable reliefs are prayed for.

Location. Date.

(sgd) CounselRoll #PTR #, dateIBP Roll #, dateMCLE compliance #,dateEmail and cellphonenumber

Explanation (if service was made through registered mail if personal service, omitexplanation, not sure though if there should be affidavit of service then jurat kasi sa

example ni sir sa class meron pa ring affidavit if personal service)The foregoing Answer for the defendant is being filed with the Honorable

Court and served on the adverse counsel (not an initiatory pleading so no need toserve to the party) by registered mail due to the limited number of messengers ofthe Office.

(sgd) counsel

Affidavit(of service)Republic of the Philippines)City of _______________) s.s.

I, (name of the person who caused the service), (job description) for (nameof defendant), with address at (address of person), after being duly sworn, deposesand states:

That on (date when served), I served a copy of the followingpleadings/papers by registered mail in accordance with Section 10, Rule 13 of theRules of Court:

AnswerFor defendant (name of defendant)

In Case No. (specify) entitled (title of the case), by depositing a copy in the postoffice in a sealed envelope, plainly addressed to (counsel of plaintiff) at (address ofdefendant), with postage fully prepaid, as evidenced by Registry Receipt No.(specify), attached and with instructions to the post master to return the mail tosender after ten (10) days if undelivered.

Checklist:1. Deposited in post office2. In a sealed envelope3. Plaintly addressed to the party or counsel at office or place of residence if

known4. With postage fully prepaid5. Evidenced by registry receipt #



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6. With instructions to post master to return to sender after 10d ifundelivered.

To the truth of the foregoing, I have signed this affidavit on (date whensigned), in the city of (location), Philippines.

(sgd) person who caused the service

(jurat I dont know if this would still be included since meron na sa baba. Sabagay, ibang CTC NO.)

Subscribed and Sworn before me this (date), affiant exhibiting to me hisCommunity Tax Certificate No. (specify) issued at (place) on (date).

(sgd) Notary PublicNotary PublicUntilPTR #________Issued at _____On _____

Doc No.Page No.Book No.

Series of 2009.

VerificationRepublic of the Philippines)City of ________________) s.s.

(name of defendant), after having been duly sworn in accordance with law,deposes and states that:

1. He is the defendant in the pleading/document entitled (title ofpleading/document);

2. He has caused its preparation;3. He has read it and the allegations therein are true and correct to his

personal knowledge or based on authentic records.(sgd) affiant-defendant

(then add jurat)Subscribed and sworn to before me this (date), affiant exhibiting to me his

Community Tax Certificate No. (fill up), issued at (place where issued) on (datewhere issued).

(sgd) Notary PublicsnameNotary PublicUntil (date of validity)PTR # ________Issued at (place)On (date whenissued)

Doc No.Page No.

Book No.Series of 2009.

Defects in Answer, effects*Failure to specifically deny: deemed as an admission*failure to plead claims and defenses existent at that time: deemed waived

*compulsory counterclaim not set up: barred*failure to take under oath (if actionable doc): Deemed as general denial, so deemedas admission

Verification: checklist as enumerated above-should not contain: based ona. information and beliefb. information, knowledge and belief-should confirm as true to ones personal knowledge! If you dont personally know it,then it is a belief.Or else deemed as an unsigned pleading: no legal effect

What needs to be verified:1. Answer to complaint or counterclaim assailing an actionable document2. Petition for Depositions pending action

3. Petition for relief from JFOP (R38)4. Petition for review:

a. RTC to CAb. QJA to CAc. R45 Certiorari

5. Action for annulment of JFOR of RTC6. Complaints for application of (provisional remedies

a. Injunctionb. Receivershipc. Support Pendente LIte

7. Special Civil Actionsa. Petition to review: COA/COMELEC to SCb. CPMc. Quo Warrantod. Expropriation

e. FEUDf. Indirect Contempt

8. ALL Complaints subject to the Rules on Summary Procedure*SCA for Forcible entry or unlawful detainer irrespective of amt of damagesor unpaid rentals OR*other cases where the TOTAL AMT claimed DOES NOT EXCEED P100k(outside MM) or P200k (w/n MM)

Counterclaim-any claim which a defending party may have against an opposing partyCOMPULSORY COUNTERCLAIM

1. Cognizable by regular courts of justiceBoth as to subject matter and amount involved

If within RTC, complaint considered compulsory regardless of amount2. Arises out of/



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Connected w/ the transaction/occurrence constituting the subject matter ofthe opposing partys claim

3. Does not require for its adjudication the presence of 3rd parties over whichthe court cannot acquire jurisdiction

4. If filed in a separate action, the defense that would be used to defeat theclaim would be the same (same evidence) logical relationship test

(MELITONVS. CA)*if the amount involved in the counterclaim is not w/n the jurisdiction of the court

taking cognizance of the original complaint, it is not compulsory (REYESVS. CA)*If the claim is compulsory, it should be set up in the main action or else barred. Theremedies for the plaintiff is MTD based on Litis pendentia (if main action stillpending) or res judicata (if main action already ended).*If main action dismissed, compulsory counterclaim may either bea. claimed by the defendant in a separate action ORb. defendant may ask the court where main action was pending to resolve thecounterclaim

Compulsory counterclaim vs. permissive counterclaim

*can file as many COA in the counterclaim as there are, but subject to the rules onjoinder of COA and joinder of parties

REMEDIES for failure to raise counterclaim*If ground for Counterclaim or crossclaim arose after the SERVICE OF THE ANSWER:file motion for leave to file a supplemental pleading*if failed to setup counterclaim due to OIEN (oversight, inadvertence, excusablenegligence): file motion for leave to file an amended complaint

Reply-a pleading, the office of which is to deny or allege facts in denial or avoidance ofthe new matters raised as affirmative defense in the answer-IF NO REPLY: deemed controvertedX: if answer assails an actionable document: should file a reply or else deemedadmitted

-if plaintiff has a new claim arising from the new matters alleged in the answer: filemotion to amend or supplement complaint.

TPC-claim that a defending party may haveagainst a person NOT A PARTY to the actionfor CRISA (contribution, reimbursement, indemnity, subrogation, and any otherrelief) in respect to plaintiffs claim (derivative claim requirement)the derivative claim should be in respect to plaintiffs claim: should arise out of

the same transaction on which the plaintiffs claim is based (BALBASTROVS.CA)*if not CRISA, not TPC

? What if you want to implead a person NOT YET A PARTY to the action BUT NOT FORCRISA? What to do? Bring them in, under Rule 6.12*if TPC improperly filed (not for CRISA), but was not assailed, parties have waived

that defense. (PASCUALVS. BAUTISTA)?What if appealed judgment on TPC then the main case was sought to be enforced:-Cannot enforce TPC vs. the defendant who appealed TPC judgment: TPC makesanother person aside from defendant guilty. If main action sought to be enforcedagainst the defendant, then he may be made to pay without recourse to the

TPdefendant.---di ba baligtad? If the main action is appealed, cannot enforce judgment on the TPCbecause the liability of the TPdefendant would depend on WON the plaintiff has avalid claim in the main action???*Remedies when TPC denied: Appeal judgment denying TPC

Time to plead-when counting periods: exclude time from which period starts to run then includethe date of performance of the act.-if last day falls on a Saturday, Sunday, or legal holiday at the place where court sits,time will not run until next working day (so in computing the period, use calendarday. Working day only relevant in determining last day)-interruptions: start to run period again from day after notice of cessation ofinterruptionExamples of interruptions:*filing with KB*granted MBP8filing of MTD*filing of MNT, MFR (even given new period!)

Answer to complaint w/n 15d after SERVICE OF SUMMONSAnswer of a FPJE, summons w/n30d after receipt



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served on govt officialAnswer to amendedcomplaint-as a matter of right w/n15d AFTER SERVICE-not as a matter of right w/n10d from NOTICE admitting amendmentAnswer tocounterclaim/crossclaim

w/n10d from SERVICE of counterclaim

Answer to TPC w/n15d after Service of summonsw/n 30d After receipt if made on govt official,

defendant is a FPJEReply w/n10d From SERVICE of pleading responded toAnswer to supplementalcomplaint

w/n10d From NOTICE admitting supplement

Answer to complaint inintervention

w/n15d From NOTICE of order admitting thesame

*Service: completeness of service, not day when service was made

Service

Of pleadings, judgments and other papers (not summons) Rule 13

FILING-act of presenting the pleading, and other paper to COC-PROMULGATION: act of the judge of filing w/COC the signed decision

Manner of filing How Proof of Filing

Personal present ORIGINAL COPIES,plainly indicated as suchto COC-COC would endorse onthe pleading

a. Dateb. Hour of filing

In the record, the copy ofthe pleading is includedIF NOT IN THE RECORD:>written/stampedacknowledgement on copyof the same (which shouldbe w/ the counsel)

REGISTERED mail Registered mail(not by

ordinary mail) : date ofmailing = date of filing*As shown in the postoffice stamp on theenvelope*OR by the registryreceipt kept by the party

Registry Receipt AND

AFFIDAVIT OF PERSONWHO DID THE MAILINGContains:*date*place where depositingpost office*plainly addressed to theparties*with postage fullyprepaid*with instructions toreturn to sender 10 ifundelivered.

SERVICE-act of providing a party w/ a copy of the pleading/paper concerned-made to counsel of the other party

PRIMARY Modes of ServiceOf pleadings (documents from parties and interlocutory orders)

1. Personal2. Mail

Of JFOR (from the court, final) RENDITION!1. Personal

2. Registered mail3. Summoned by publication (unknown defendant, defendant does not reside

and cannot be found in RP, defendant temporarily out of RP): serve also bypublication

SECONDARY MODE: Substituted service: send to COC

Kind of service Completeness Proof

Personal servicea.delivering personally acopy to the party orcounsel

b.leaving a copy in office(preferred) w/personhaving charge of office

or in residence w/ person

of sufficient age anddiscretion residingtherein (NOTE: underservice of summons, thisis substituted service)

Actual delivery 1. Written admission of partyserved (signature on copy)2. Official Return of Server3. Affidavit of party servingshould contain:*date*place*manner of service

Ordinary mail Upon expirationof 10d aftermailing

Affidavit of person who mailed

Registered maila.Deposited in post

officeb.In a sealed envelopec.Plaintly addressed to

the party or counsel atoffice or place of residence if known

d.With postage fullyprepaid

e.Evidenced by registryreceipt #

f. With instructions topost master to returnto sender after 10d ifundelivered.

1. actual receiptby addressee2. after 5d fromdate senderreceived 1st

notice frompostmaster

1. affidavit of person whocaused registered mail2. written admission of partywho received it (signature oncopy)3. registry receipt and registryreturn card

R13.11 Priorities in modes of service and filing(kaya may explanation part)1st PERSONAL service/filingIf other modes: should be w/ explanation why service not done personally

if NO EXPLANATION: considered not filed



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Amendment and Supplemental PleadingsAmendment: add or strike out allegation in the pleading

1. As a matter of right-1x only-at any time before a responsive pleading is filed (or, if reply, w/n10d afterservice of reply wala nang magrereply eh)

2. By leave of court-w/leave of court-after responsive pleading already filed-no intent to delay

3. Amendment to conform to presentation of evidence-party presents evidence not w/n the issues in the pleadings-the opposing party consents to the presentation (express or implied)-treat as if it was raised in the pleadings and may amend pleading AT ANY TIME,

EVEN AFTER JUDGMENT)-if evidence objected to for not being made in the pleadings, court may still

allow presentation of evidence and amendment when ends of substantialjustice may be served (may put on record CONTINUING OBJECTION)

-motion to amend filed-so w/ notice and hearing*EFFECT OF AMENDMENT: supersedes the pleading that it amends

-admissions in the superseded pleading may still be used as evidence vs the pleader-claims and offenses not incorporated are deemed waived*REMEDY if amendment not allowed: APPEAL, not SCA for certiorari

Supplement-also upon motion, so may notice and hearing-set forth TOE (transactions, occurrences, events) which have happened since thedate of the pleading sought to be supplemented-EFFECT: supplies deficiencies in aid of an original pleading, but not entirelysubstitute the latterthe original pleading still exists side by side with the supplement to the pleadings

Amended complaint Supplemented complaint

difference

Facts available, exists before New matters arised after serviceof pleading sought to be

supplementedeffect Supersedes

-may be used as proof (judicialadmission)-claims and defenses not set upwaived

Merely adds to the pleading

Kinds Formal-clerical and typo-period: foreverSubstantial

a. As a matter of right (b4filing responsivepleading)

b. With leave of court(after responsive

pleading)

InterventionWHO MAY FILE: a person

1. Who has a legal interest in the subject matter2. Who has a legal interest in the success of the parties3. Who has a legal interest against both4. So situated as to be adversely affected by the distribution or disposition of

the properties in the custody of the courtPROVIDED*no undue delay in the adjudication of the rights of the original parties +intervenors right cannot be sufficiently protected in another proceeding*interest should be DIRECT, MATERIAL AND NOT INCHOATE BUT SHOULD BEPRESENT

HOW: w/leave of court-file motion to intervene + either Complaint in intervention or answer in interventionWHEN: any time before the rendition of the judgment by TC (rendition: service of thecopies of the final order)

METROBANKVS. PRESIDING JUDGEWhen a motion to intervene has already been granted, as shown by an Order fromthe court, the intervenor is already a party to the proceeding and therefore has the

right to all the notices and processes from the court. When the original parties enteran agreement, with the intervenor not made a party, to dismiss the case, theintervenor not being a privy to the said agreement is not bound by the dismissal andmay continue his action of intervention.

SummonsDefinition: a coercive order issued by the court to obtain jurisdiction over thedefendantWHO issues: COCWho serves:

a. sheriff b. his deputyc. person authorized by the court

HOW SERVED Action in personam Action in remNaturalpersons-defendantwho may be:1. defendant2. prisoner3. entity w/o

juridicalpersonality4. minorsandincompetents

5. residenttemporarily

1. personal service-deliver summons + copy of complaintto defendant-tender summons + copy of complaint2. substituted service-only resorted to when:a. justifiable causesb. cannot serve defendant w/nreasonable timec. all reasonable diligent efforts havebeen exerted-HOW: leave copies at*defendants residence: person then

residing therein w/sufficient age anddiscretion

1. personal service (seeleft)2. substituted service3. extraterritorial service-only for the followingsituations: actions involvea. personal status ofplaintiffb. relates to, or thesubject of w/c, is propertyw/n RP in w/c defendanthas claim or lien, actual orcontingent

c. relief demandedconsists of excluding the



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out of RP6. defendantcannot befound +does notreside in RP7. defendant

unknown

*OR office/regular place of business:person in charge thereof

FOR 7 (unknown defendant)-w/leave of court, service by publicationin a newspaper of general circulationFOR 5 and 6 extraterritorial service

-w/leave of court1. personal service outside RP2. by publication + send throughregistered mail to the last knownaddress the copy of the summons3. any manner the court deemssufficient

defendant from anyinterest in the property inRPd. property of defendantin RP attached w/n RP

Juridicalpersons1. DOMESTICCORP(corporations,partnership,association

organizedunder RPLaws)

1. personal service on (6 persons only list exclusive):a. Presidentb. GMc. Managing Partnerd. Corporate Secretary

e. Corporate Treasurerf. In house counsel- no substituted service!

Service by publication?Extraterritorial? Butdomestic nga eh so din asha nonresident+notfound in RP

2. FPJE Personal service ON (successive)1. resident agent designated in

accordance w/law2. government official

designated by law3. any of the officers or agents

w/n RP

Extraterritorial service

3. PublicCorp

RP: SolgenLGU: executive head, other officer/s aslaw or court may direct

Hmmm

***Jurisprudence seem to suggest that even if domestic corp (so therefore even ifRESIDENT and can be found in RP), once action in rem extraterritorial service andservice by publication could be resorted to. Refer to Consolidated Plywood vs. Breva

VENTURANZAVS. CASubstituted service may only be resordted to after earnest efforts to servepersonally have been exhausted. The presumption of regularity of the official acts ofthe sheriff would attach only when earnest efforts (the specific acts) have beenexerted, as stated in the return, within reasonable time.

LAUSVS. CAReasonable time: depends on

1. facts constituting service2. reasonable diligence3. reasonable time elapsed

A party may still file a MTD before filing an answer when the defendant was notproperly served with summons, thus, still not under the jurisdiction of the court.Should file MTD by special appearance.

DIAL CORPVS. SORIANOFor purposes of extraterritorial service of summons, the property that should beattached should be tangible property

*What happens after service of summons-w/n 5 days after service of summons, sheriff would file with court a RETURNIf returned summons w/o being served, plaintiff may demand that alias summonsmay be served

*substitute of summons: VOLUNTARY APPEARANCE-raising other grounds aside from lack of jurisdiction over the person of thedefendant NOT considered voluntary appearance but merely in accordance w/OMNIBUS MOTION RULE

Example of RETURN

Republic of the Philippines(court)

(judicial region)Branch #, Location

Plaintiffs name,PlaintiffVs. civil case No (filled up)

For (description)Defendants name,Defendantx----------------------x

RETURN OF SUMMONS

This is to certify that on (date when summons served), the undersignedcaused the service of summons together with a copy of the complaint and itsannexes upon the defendant (name of defendant) at (address where defendant wasserved).

The copy of the summons together with a copy of the complaint and itsannexes were (manner of service: personally/substituted) received by defendant at(time) on (date) at (location.

The original copy of the Summons is therefore, respectfully returned, DULYSERVED.

Date when return made.

(sgd) nameSheriff

Cc:Plaintiffs counselAddress



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Motions-an application for relief other than by pleadingGR: should be in writingX: those made in open courtOr in the course of the hearing/trial

CONTENTS:1. relief sought to be obtained2. grounds upon w/c relief is based3. accompanied by supporting affidavits if necessary

Re: HearingGR: need to notify other parties and conduct Hearing-3d notice rule! (except: MTD no notice required, just hearing)X: when hearing NOT REQUIRED

1. ex parte motion non litigated motions2. motions which only needs arguments

OMNIBUS MOTION RULE-when attacking a POJP (pleading, Order, Judgment, Proceedign)-should include ALL OBJECTIONS then available or else waived

Dismissal of Actions

Motion to Dismiss-ON THE PART OF DEFENDANT ONLYWhen : during period BUT BEFORE FILING responsive pleadingGROUNDS: 10

1. lack of jurisdiction over the res-not in accordance w/BP129

2. lack of jurisdiction over the person of the defendant-improper service of summons

3. venue improperly laid-either did not follow rules under Rule 4 or exclusive venue not followed

4. plaintiff has no legal capacity to sue

-not authorized to sue, no capacity to sue under Rule 3, not a real party ininterest5. litis pendentia

a. identity of parties (substantial)b. substantial identity of COA and relief sought, relief founded on same

factsc. identity: judgment on any one would amount to res judicata in the

other case6. res judicata or statute of limitations

a. previous final judgmentb. court had jurisdiction over the subject matter and on the partiesc. judgment on the merits (so dismissal w/prejudice)d. identity of COA, subject matter and (substantially) of parties

7. failure to state COA-pleading contains insufficient UF on which COA is based

8. payment, waiver, abandonment, extinguishment (PWAE)9. claim is unenforceable under statute of frauds

10. failure to comply w/ condition precedentGR: HEARING REQUIRED

X: (other dismissals of action)1. if MTD grounds raised as an affirmative defense in the answer2. 9.1

a. Litis pendentiab. Res judicata

c. Statute of limitationd. No jurisdiction over the subject matter

3. 17.2 MTD on the plaintiffs instance (17.1 kasi notice of dismissal lang)4. Revised Rules on Summary Procedure5. SCA of FEUD

If MTD DENIED: file answer w/n time remaining, but have at least 5d to do so,computed from RECEIPT OF NOTICE OF DENIAL-Order is interlocutory, so cannot be appealedIf MTD GRANTED: Dismissal w/o prejudiceX: dismissal w/ prejudice-res judicata or statute of limitations-PWAE-unenforceable because of statute of frauds

IF GROUNDS FOR MTD PLEADED AS AFFIRMATIVE DEFENSE-BUT HERE, hearing not required w/n courts discretion-if complaint dismissed but IN ANSWER, claimed a Counterclaim (silent if compulsoryor not): cclaim could still be heard

Dismissal on part of plaintiff under R1717.1 Notice of defendant-b4 SERVICE of answer

Or MSJ by the defendant-dismissal w/o prejudice

17.2 MTD by plaintiff-after service of answer

Or AFTER MSJ-w/o prejudice

-if Answer includes counterclaim, Defendant may eithera. file manifestation that he would continue to prosecute his cclaim b4 the courtb. file the counterclaim in a separate proceeding (not res judicata as it wasdismissed w/o prejudice)

17.3 DISMISSAL because of plaintiffs faulta. plaintiff fails to appear on date of presentationof his evidence in chief w/o

justifiable caueb. plaintiff failed to prosecute his action for an unreasonable length of timec. plaintiff failed to comply with ROC or ANY ORDER OF THE COURT (aha! Pede nanga ground for indirect contempt or even contempt pede pang ground fordismissal!)-dismissal WITH PREJUDICE: has effect of ADJUDICATION ON THE MERITS SO CAN BEUSED FOR RES JUDICATA PURPOSES-re: defendants counterclaim: same rule as MTD by plaintiff under 17.2



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Dean Leonen

Dismissal through a Motion for Leave to File a Demurrer toPlaintiffs Evidence-filed after the plaintiffs presentation of evidence-evidence presented by evidence failed to show his right to relief-however, if plaintiff appealed this, and appeal was granted, Defendant cannotpresent evidence anymore: the case would be decided based only on what plaintiff

was able to present

MTD R16 MTD (demurrer to evidence)Grounded on preliminary objections onthe allegations in the pleading

Based on insufficiency of evidence

Filed by DEFENDANTw/n time for But prior to filing answer ONLY after presentation of plaintiffs

evidenceDENIAL: should answerGRANT: plaintiff may appealOr may refile case

DENIAL: defendant present evidenceGRANT: if plaintiff appeals, dismissalreversed, defendant cannot presentevidence anymore

?Okay, after MTD, should file answer. What happens when one fails to file answer ontime?

Plaintiff files MOTION TO DECLARE DEFENDANT IN DEFAULT under R9.3 + proof ofnonfiling

Then Court issues an ORDER DECLARING DEFENDANT IN DEFAULT

Vs. PRETRIAL: absence of defendant during PRETRIAL or non-filing of a PRETRIALBRIEF-declared AS IN DEFAULT

In default As in defaultFailure to file answer Failure to appear during pre-trial OR

submit a pre-trial briefDefendant entitled to notice but cannot take part in the proceedings

Presentation of evidence ex parteRelief to be awarded limited by theprayer

Relief to be awarded dependent on whatthe plaintiff could prove

LIM TANHUVS. REMOLETEIf the defendants are indispensable parties sued under 1 COA and interposed 1common defense, the non-appearance of 1 during pre-trial does not make the othersin default

21 | C h a M e n d o z a C i v i l P r o c e d u r e O r d i n a r y C i v i l A c t i o n s

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