CIVIL PROCEDURE Course Outline

1. Introduction 1.1.Applicability of rules to civil and criminal actions and special proceedings Definition of civil, criminal actions and special proceedings 1.2.Procedure and practice Procedure is the method or means of conducting litigation and judicial proceedings Practice is the carrying on of actions according to the procedure prescribed by the Rules of Court 1.3. Courts and their jurisdiction La Naval Drug Corp v CA 236 S 78 Atwel v Concepcion Progressive Asso Inc GR 169370 April 14, 2008 1.4. How jurisdiction is obtained and exercised: over persons over subject matter over res 1.5. Procedure and substantive law

2. General Provisions for Ordinary Civil Actions 2.1. Must be based on a cause of action What is cause of action No splitting of cause of action Read: City of Bacolod v San Miguel, 29 S 819 Jalandoni v Martir-Guanzon, 102 P 859 Joinder and misjoinder of causes of action Test of single cause of action Read: Joseph v Bautista, 170 S 540

2.2. Parties to civil actions Who are parties in interest Competency of parties Indispensable and necessary parties Joinder and misjoinder of parties Death of party consequence of death of party o Sarsaba vs Vda dela Torre 594 SCRA 410 o Gonzales vs Pagcor 429 SCRA 533, 540 what counsel should do on death of party 2.3. Venue of actions Real and personal actions
Read: United Overseas Bank Phils. V Rosemoore Mining & Development Corp. 518 S 123 (2007)

Actions against non-residents Agreement on venue 2.4. Commencement of actions How and when deemed commenced Read: Magaspi v Ramolete, 115 S 193 Manchester Dev Corp v CA, 149 S 562 Sun Insurance v Asuncion, 170 S 274 Heirs of the late Ruben Reinoso Jr versus CA, GR No. 116121, July 18, 2011 When does court acquire jurisdiction over a case? Effect of underpayment of docket fees Rule is payment may be allowed within reasonable time but within reglementary period but in several cases, both CA and SC have caused the dismissal of cases for non-payment of docket fees.

3. Procedure in Regional Trial Courts 3.1. Applicable also to Municipal Trial Courts

3.2. Pleadings in general Kinds of pleadings Formal requirements of pleadings Parts of a pleading Verification when required Formal, not jurisdictional Kilusan-Olalia v CA 528 S 45 (2007) Verification by Counsel In-N-Out Burger, Inc. v Schwani Inc. 575 S 535 (2008) Certification against forum-shopping in initiatory pleadings Definition of Forum Shopping Tokio Marine Malayan Insurance Compnay Inc. et.al v Valdez GR No. 150107 28Jan2008 Counsel cannot sign certification Digital Microwave Corp. v CA GR 128550 16Mar2000 Co-owner or Co-party may sign in behalf of co-owners or coparties Cavila v Heirs of Clarita Cavile 400 S 255 (2003) Distinction between non-compliance of verification and certification against non-forum shopping requirement Sari-sari Group of Companies, Inc. v Piglas Kamao 561 S 569 (2008) Median Container Corp. v Metropolitan Bank & Trust Co. 561 S 622 (2008) Substantial requirements of pleadings Sufficiency of allegations Ultimate facts only Remitere v Yulo 16 S 251 Philippine Stock Exchange v Manila Banking Corp. 559 S 352 (2008) Tests of sufficiency of complaint: Can judgment be rendered if admitted? Always reckon against grounds for dismissal Is bill of particulars applicable? Read Philippine Bank of Communications v Trazo 500 S 242 (2006) Test of sufficiency of responsive pleading 3

Not susceptible to summary judgment Does not amount to confession of judgment MUST tender an issue Must specifically deny material allegations lest they be deemed admitted Defenses and objections MUST be pleaded either in motion to dismiss or answer, else waived Alternative causes of action or defenses may be pleaded even if inconsistent with each other Purpose of rule is to allow for complete adjudication of any controversy

Counterclaims Rule on permissive and compulsory counterclaims Test to determine nature of counterclaim Read: Namarco v Federation of United Namarco Distributors Inc., 49 S 238 Metals Engineering v CA, 203 S 273 BA Finance v Co, 224 S 163 3.3. Effect of failure to plead Order of default by motion only, court cannot motu proprio declare party in default Consequences of order of default judgment by default, extent thereof limited by relief prayed for need for presentation of evidence Rationale for order of default 3.4. Amended/Supplemental Pleadings Amendment a matter of right before responsive pleading filed No limitation on extent of amendment, even changing cause of action set out in original pleading Right to amend not affected by motion to dismiss or motion for summary judgment or even motion for judgment on the pleadings which are not considered responsive pleading Rule when some but not all defendants filed responsive pleading

 When issues joined, substantial amendments discretionary and subject to therule that the cause of action is not substantially changed or the theory altered Planters Development Bank v LZK Holdings & Development Co. 456 S 366 Young v Sy 503 S 151 (2006) Amendment of the pleadings to conform to evidence presented during trial is allowed: when issues not raised by the pleadings are tried with the consent of the parties when, even if objected to, the court is satisfied no prejudice will befall the objecting party Supplemental pleadings not a matter of right Leobrera v CA 170 S 711 (1989) Effect of amended pleadings supersedes original pleading as a consequence, judicial admissions made in original pleadings need to be offered in evidence. Read Director of Lands v CA, 196 S 94 3.5. Filing of responsive pleadings What is responsive pleading Answer Judicial admissions binding on party Read Santos v Lumbao 519 S 408 (2007) Answer Judicial admissions NOT binding on party Read Gardner v CA 131 S 585 Bill of particulars, motion to dismiss interrupt period to file responsive pleading Compulsory counterclaim or cross-claim should be set up in responsive pleading. However, it may be set up anytime thereafter (but before judgment) if omitted through oversight, inadvertence or excusable negligence Reglementary period to file responsive pleading interrupted by bill of particulars and motion to dismiss 3.6. Filing and service of pleadings and judicial papers Service on counsel is mandatory unless otherwise ordered by court Improper service is ineffectual and does not bind party Read: Cabili v Badelles, 6 S 190

 Service of pleadings and court papers (other than judgments, final orders and resolutions) may be done by substituted service if personal service and service by mail not successful Service of judgments, final orders and resolutions must be personal or by registered mail only (or by publication where summons is served by publication) Service must be on counsel as service on party not permitted Where final order or judgment not served on party or lawyer, said judgment cannot become final or executory. 3.7. Summons Rules on service is strictly construed, hence: For actions in personam against residents, service must be personal first then substituted if unsuccessful or publication if whereabouts unknown or temporarily outside the country against non-residents, only personal service within the state can confer jurisdiction over the defendant For actions in rem or quasi in rem against residents, same as above against non-residents, personal service outside the country, with leave of court, or publication with leave of court For actions against domestic juridical persons, service only on those enumerated in the statute is allowed For actions against foreign juridical entity, service must be on resident agent, government regulator, or any of officers, agents within the country Venturanza v CA 156 S 305 Samartino v Raon 383 S 664 Valmonte v CA 252 S 92 Asiavest v CA 296 S 539 Philam Gen vs Breva 442 S 217 BPI v Santiago 519 S 389 3.8. Dismissal of action Grounds lack of jurisdiction over person Read Amigo v CA, 253 S 382

 lack of jurisdiction over subject matter Read La Naval v CA, 236 S 78 Ilocos Sur Electric v NLRC 241 S 36 Andaya v Abadia 228 S 705 pendentia litis Read Andersons Group v CA. 266 S 423 Ramos v Peralta, 203 S 412 res judicata Read Vda de Cruzo v Cariaga, 174 S 330 no cause of action Read San Lorenzo v CA, 288 S 115 Calalang v IAC, 194 S 514 Perpetual v Fajardo, 233 S 720 City of Cebu v CA, 258 S 175 Remedy in case of granting/denial of motion to dismiss Order denying motion to dismiss is interlocutory, hence proper remedy is to appeal after a decision has been rendered Read: Indiana Aerospace University v Commission On Higher Education, 356 S 367 Bangko Silangan v CA, 360 S 322 Yutingco v CA, 386 S 85 Order granting motion to dismiss disposes of the case hence, appeal under Rule 41 is applicable. 3.9. Pre-trial Definition Anson Trade Center v Pacific Banking, GR No. 179999 17 Mar 2009 Interlining Corp. v Philippine Trust Co. 428 S 583 (2002) Setting for Pre-Trial Espiritu v Lazaro, GR. No.181020 20 Nov 2009 Polanco v Cruz, GR. No. 182426 13 Feb 2009 A.M. No. 03-1-09-SC Failure to have Pre-trial Madrid v Spouses Mapoy, GR. 150887 14 Aug 2009 Failure of defendant to appear

 Will result in plaintiff presenting his evidence ex parte and for the court to render judgment thereon. This is dissimilar to default from failure to plead where the sanction is for the court to render judgment based on the complaint Summary judgment or judgment on pleadings possible if facts are discovered in pre-trial to warrant such action Effect of Pre-trial Order General Rule: Binding on all parties, A.M. No. 03-1-09-SC Exception: Read Heirs of Reyes v CA, 519 S 250 (2007) 3.10. Discovery Compulsory process wherein litigants are forced, by court rules or orders, to disgorge private information to adverse party Purpose of discovery is to obtain knowledge of material facts within the knowledge of the adverse party or of third parties; obtain admissions from adverse parties and to inspect relevant documents, objects and property. What are discoverable? Limitations on discoverability Modes of discovery Deposition function when may be availed of Pajarilla v CA 570 S 347 (2008) de bene esse (pending action) perpetuam rei memoriam (prior to action) who do you depose Interrogatories to parties effect of failure to serve written interrogatories Requests for admission Sime Darby Employees Association v NLRC 510 S 204 Production and inspection of things Examination of persons Read Republic v Sandiganbayan, 204 S 212 Dasmarinas Garments v Reyes 225 S 622 Ayala Land vs Tagle 466 S 521 Hyatt Industrial v Ley Construction GR 147143 Mar 10, 2006 Sime Darby v CA 510 S 204

Security Bank v CA 323 S 330 Solidbank v Gateway GR 164805 April 30, 2008

Sanctions for refusal to make discovery (Rule 29)

3.11.

Trial Order of trial Reverse trial when complaint is admitted Read Yu v Magpayo 44 S 163 Reverse trial also in criminal cases Consolidation Test is common questions of fact or of law Active v CA, 181 S 774 Superlines v Victor, 124 S 939 consolidation of civil and criminal cases consolidation of cases on appeal Demurrer to Evidence Concept of demurrer Effect of denial or grant of demurrer to evidence Nepomuceno v Comelec, 126 S 472 Judgment on the pleadings Generally applicable when there is no tender of issue Denial in answer may not amount to tender of issue Manufacturers v Diversified, 173 S 357 Summary Judgments Distinguished from judgment on the pleadings Vergara v Suelto 156 S 753 Diman v Alumbres, 299 S 459 How motion for summary judgment is considered Hearing on motion is only for determining whether issues are genuine or not, not to receive evidence on the issues set up in the pleadings

3.12.

3.13.

3.14.

3.15.

 motion is proven through affidavits, depositions and admissions submitted by movant Propriety of summary judgment Natalia v Vallez, 173 S 536 Grand Farms v CA, 193 S 748 Movant may be either party 3.16. Judgments Requirements written and signed by judge must contain findings of facts and law applied must contain a dispositive portion filed with the clerk of court rendition reckoned from filing with clerk must be served on parties may be amended before finality upon motion or motu proprio entry upon finality entry determines prescriptive periods final judgment not subject to amendment separability of judgments

3.17.

Remedies from judgments (same court, same case) New Trial or Reconsideration FAMEN Fraud as a ground must be extrinsic, not intrinsic. It is intrinsic when done by a party during trial (use of forged documents etc), extrinsic when employed outside the court (concealing a witness or colluding with a party) accident and mistake as ground must be based on wellengendered belief ordinary prudence could not guard against excusable negligence as ground will depend on circumstances Newly discovered evidence must be material and not discoverable during trial Banco Filipino v Campos 63 S 180 Motion for reconsideration NT distinguished from reconsideration grounds 10

 results when granted remedy when denied (appeal from the judgment) Relief from judgment not available for lost remedy Tuazon v CA, 256 S 158 available only versus final judgment distinguished from NT or reconsideration grounds when/how invoked result when granted remedy when denied (no more appeal) nota bene: relate this rule with rule 47 regarding ways to assail final judgments 3.18. Execution of judgments Only a final judgment that disposes of the action is subject to execution Final judgment versus final and executory judgment Investment v CA 147 S 334 Test of a final judgment: Does it leave something for the court to do with respect to the merits of the case? Execution a matter of right when judgment final and executory, but only upon motion judgment becomes final by operation of law, i.e., when no appeal has been taken within the period provided by law enforcement of judgment (execution) is ministerial and mandatory once it becomes final, subject to certain exceptions execution before finality of judgment, only upon good reasons BF Corp v Edsa Shangrila, 294 S 109 discretionary executions, when stayed City of Manila v CA, 72 S 98 Valencia v CA, 184 S 561 execution before or after death of judgment obligor will depend on the nature of the judgment, i.e. recovery of property v money judgments

4. APPEALS 4.1. Concept of appeal guard against judgments of unskilled and unfair judges

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 prevention as much as correction of mistakes not a right but a mere privilege, thus may be lost 4.2. Who may appeal

4.3. What are appealable what are final judgments when does a judgment or order become final final judgments vs judgments that are final and executory what are not appealable and why are they not? test of final nature is when it completely disposes of the case

4.4. Modes of appeal ordinary appeal (by mere notice of appeal with court rendering judgment) MTC to RTC RTC to CA no extension of period to file notice of appeal interrupted by motion for NT or recon if NT or recon denied, fresh period to appeal Neypes vs CA GR 141524 Sept 14, 2005 payment of docket fees must accompany notice of appeal petition for review (by filing petition with CA under rule 42) second level of review review of judgment in exercise of appellate jurisdiction RTC (appellate jurisdiction) to CA not a matter of right; discretionary on part of CA Ong v Tating. 149 SCRA 265 appeal by certiorari (filing petition with SC) appeal to the SC from RTC on questions of law only (Rule 41) UMC v Velasco 98 S 545 may be remanded to CA if involving questionof fact (rule 56, sec 6), not dismissed from final order or resolution of CA or SB (rule 45) but only on questions of law

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 appeal to SC not a matter of right (Rule 45, sec 6) Cheesman v IAC, 193 S 93 Sumbingco v CA, 155 S 24 What is a question of law? petition for review on certiorari vs petition for certiorari New York Marine v CA, 249 S 416 Ybanez v CA, 253 S 540 4.5. When does court lose jurisdiction relative to filing of notice of appeal May notice of appeal be contested? Dismissed by court? duty of court when notice of appeal filed dilatory appeals 4.6. Improper appeals to CA from RTC on questions of law to SC via notice of appeal to CA on notice of appeal from RTC decision rendered in appellate jurisdiction the above modes will merit dismissal; no transfer to correct court will be allowed (Exception is when appeal to SC on questions of law and fact in which case, the case will be remanded to CA)

5. PROVISIONAL REMEDIES 5.1. Preliminary Attachment Kinds of attachment preliminary garnishment levy on execution At what stage is preliminary attachment granted? grounds for attachment exclusive may be granted ex parte Onate v Abrogar, 241 S 659 Davao Light & Water v CA, 204 S 343 Sievert v CA, 168 S 692 Carlos v Sandoval 471 S 266 13

Spouses Yu v Ngo Yee Te GR 155868

5.2. Preliminary Injunction preceded by a 72-hour TRO, 20-day TRO (RTC) or a 60-day TRO (CA) within TRO, hearing must be conducted may be granted at any stage of the proceeding requirements for issuance coordinate body may not be enjoined may be a provisional remedy and the principal remedy itself Bacolod City Water District v Labayen 446 S 110 China Banking Corp v Co GR 174569 Estares v CA GR 144755 Buyco v Baraquia GR 177486 (December 21, 2009) Heirs of the late JBL Reyes v CA 338 S 282 Brocka v Enrile 192 S 182 Medina v Greenfield Development GR 140228 5.3. Receivership When is receiver appointed? object is preservation of property subject matter of litigation powers of a receiver National Investment and Development Corp v Judge Aquino 163 S 153 Traders Royal Bank v IAC 273 S 521 5.4. Replevin nature of a replevin suit question involved is one of possession but ownership may be resolved if raised plaintiff (claim) and defendant (counterclaim) can petition for replevin Yang v Valdez 177 S 141 Adoma v Gatcheco 448 S 299 Paat v CA 266 S 167 Citibank v CA 304 S 679 5.5. Support pendete lite 14

 concept of support is that the applicant is entitled to it by reason of some relationship (say, marital or filial) with the adverse party judgment of support is never final, it can be amended at any time as long as the obligation to support subsists Arts 194, 195, 201, 202 of Family Code Reyes v Ines-Luciano GR 48219 Lam v Chua GR 131286

6. SPECIAL CIVIL ACTIONS 6.1. Interpleader Ocampo v Tirona GR 147812 (April 6, 2005) 6.2. Declaratory Relief Tano v Socrates GR 110249 (August 14, 1997) Martelino v NHMF Corp GR 160208 (June 30, 2008) Velasco v Villegas GR 24153 (February 14, 1983) 6.3. Certiorari, Prohibition and Mandamus See distinctions between certiorari as an appeal and certiorari as an original action (supra) writ of certiorari is territorial if issued by RTC, not if by CA certiorari to correct errors of jurisdiction and not errors of judgment Section 19, 1991 Revised Rules on Summary Procedure Section 19, Rule on Writ of Amparo Section 19, Rule on Habeas Data Section 14, Rule of Procedure in Small Claims Cases Circular 28-91 Balba v Peak Development Inc GR 148288 (August 12, 2005) New Frontier Sugar Corp v RTC of Iloilo GR 165001 (January 31, 2007) Camutin v Sps Potente GR 181642 (January 29, 2009) Bugarin v Palisoc GR 157985 (December 2, 2005) Lalicon v Vergara 276 S 518

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Sps Nische v Equitable-PCI Bank GR 167434 (February 19, 2007) David v Rivera 420 S 90 Tan v Comelec GR 73155 (July 11, 1986) Mayuga v CA (August 30, 1996) Kant Wong et al v PCGG GR 79484 (December 7, 1987) Uy Kiao Eng v Nixon Lee GR 1776831 (January 15, 2010) Matibay v Garcia (January 25, 1983) Paloma v Mora 470 S 711

6.4. Quo Warranto Municipality of San Narciso v Mendez 239 SCRA 11 Tarrosa v Singson 232 S 553 Lota v CA 2 S 715 6.5. Expropriation determination of authority to exercise eminent domain determination of just compensation Republic v Gingoyan GR 166429 (December 19, 2005) National Power Corp v Manubay Agro-Industrial GR 150936 (August 18, 2004) Republic v CA and Heirs of Cris Santos GR 146587 (July 2, 2002) Jesus is Lord Christian School Foundation v City of Pasig GR 152230 6.6. Foreclosure of Real Estate Mortgage all parties in interest should be joined as necessary parties, i.e. mortgagor as well as second mortgagee or attaching creditor equity of redemption instead of right of redemption is remedy of debtor in the same case, in case of deficiency, the court will render judgment against debtor which may be executed immediately if debt is due upon judgment AM No. 99-10-05-0 Act No 3135 Limpin v IAC 166 S 88

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BPI Family Savings Bank v Sps Veloso 436 S 1 6.7. Partition Figuracion Gerilla v Vda de Figuracion GR 154322 (August 22, 2006) 6.8. Forcible Entry and Unlawful Detainer Valdes v CA GR 132426 Co v Militar 41 S 455 Unida v Urban GR 155432 Spouses Calendacion v Larano GR 158231 Montenegro v Montenegro GR 156829 6.9. Contempt Ang v Castro GR 66371 (May 15, 1985) People v Godoy 243 S 64 (March 29, 1995)

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