Finals: up to appeal and annulment of judgment

provisional remedies
important cases 2021- 2010
final provisional remedies and special civil actions
10/29/2021 RULE 36:
Judgments, Final Orders and Entry Thereof

Section 1. Rendition of judgments and final orders. — not interlocutory

 A judgment or order determining the merits of the case, not

interlocutory.

 Requisites:

1. In writing

2. Personally and directly prepared by the judge (cannot delegate

it)

3. Stating clearly and distinctly the facts and law on which it

is based (the most important)

4. Signed by the judge

5. Filed with the clerk of court (the most important)

 There’s a very big book known as book of judgments, where the

dispositive part is entered into. The entry thereof constitutes
judgment finality, not signing by the judge.

 Facts must be detailed and not generalized.

 Art 8, Sec 14 Constitution: The Requirement of specificity applies to

judgment and final orders, based on merits, not interlocutory,
incidental matters like the denial of preliminary attachment.

 Elementary due process demands that arties must be given and

and what are the legal reasons; specify the reasons.

 Judgment on the merits: determines the rights and liabilities of

parties based on disclosed facts.

 Task of the court is to specify the reasons, facts and law for which
the judgment is based. Otherwise, leaves the parties in the dark and
prejudicial to losing party in determining the error for purposes of
appeal.

 Findings of facts: must be found in the body of the decision which

contains ultimate facts
  2 main essential parts of judgment:

1. Body - must be found in the body of the decision which contains

facts including evidentiary facts not just ultimate facts;
statements of facts not conclusions of law. Unlike in pleadings
where ultimate facts alone must be stated. Must confirm with
Rule 3, Sec 1.

2. Decretal –Begins with “wherefore judgment is hereby rendered”

 Memorandum Decision – when valid? To be valid the memo

decision cannot incorporate the findings of facts or conclusions of
law by lower court only by remote reference. May be resorted to
only when the facts are easily accepted by the parties; easily
determinable by the judge, without need of lengthy discussions or
doctrinal complications.

When is this employed? Only for simple litigation only like collection
sum of money. Although Permitted on certain conditions, it
cannot merely refer to findings of facts. The court must make
findings of facts and conclusions of law.

If the judge summarizes the testimony of both parties, not allowed.

A memorandum decision is a legal judgment that provides a ruling

on a matter presented in the court without offering an opinion. Such
documents are usually short and to the point, as the only thing that
the judge must do is issue a clear and unequivocal ruling. The
memorandum decision is filed and becomes a matter of public
record, available to anyone who wants to look it up, and the results
are also made available to the people involved in the case.

 Conditional Judgment: Not allowed. Dependent on contingency, like

when judgement is not final until the condition is fulfilled. Note that
judgment must be definitive. Judgment which does not decide
the rights of the parties shall be null and void.

 Incomplete judgment – not allowed also. Example: The

- Judgment should state the precise amount. A reservation of the

court’s order

Q: When shall judgment be entered?

A: Section 2. Entry of judgments and final orders. — If no appeal or

motion for new trial or reconsideration is filed within the time provided in
these Rules, the judgment or final order shall forthwith be entered by the
clerk in the book of entries of judgments.

The date of finality of the judgment or final order shall be

deemed to be the date of its entry.
 The record shall contain the dispositive part of the judgment or final
order and shall be signed by the clerk, within a certificate that such
judgment or final order has become final and executory. (2a, 10,
R51)

 Only the “wherefore” will be entered; not the facts and law
anymore. Cannot be changed; otherwise liable for falsification. A
judgment before it becomes final and executory ay be amended.

 Nunc pro tunc - which signifies now for then, is used to express
that a thing is done at one time which ought to have been
performed at another.

 Dispositive part of judgment “wherefore” vs opinion of court:

Section 3. Judgment for or against one or more of several parties.

 XYZ v W: dili pasabot mudag si XYZ tanan.

Section 4. Several judgments.

Section 5. Separate judgments. When more than one claim for relief is
presented in an action, the court, at any stage, upon a determination of the
issues material to a particular claim and all counterclaims arising out of the
transaction or occurrence which is the subject matter of the claim, may
render a separate judgment disposing of such claim.

The judgment shall terminate the action with respect to the claim so
disposed of and the action shall proceed as to the remaining claims.

 No appeal may be taken from separate judgment, unless the

court allows it. The court may stay execution of such separate
judgment until all claims are judged and disposed of judgments
disposed of.

 Appeal of Separate or Several judgments requires notice of

appeal + record on appeal.

 Why need of record of appeal? Because some of the cases

may not be finally decided yet so the record remains in lower
court. To enable the appellate court to render judgment without
record since the record remains in lower court.

 Amended vs Supplemental judgment:

Supplemental judgment:
Amended judgment
 (1) An amended pleading
supersedes the original one 1) A supplemental pleading is one
which it amends (Sec. 8, Rule which sets forth transactions,
10). The original pleading loses its occurrences, or events which have
status as a pleading, is deemed happened since the date of the
withdrawn and disappears from the pleading sought to be
record. It has been held that the supplemented. The filing of
original complaint is deemed supplemental pleadings requires
superseded and abandoned by the leave of court. The court may allow
amendatory complaint only if the the pleading only upon such terms
latter introduces a new or different as are just. This leave is sought by
cause of action (Versoza vs. CA, the filing of a motion with notice to
299 SCRA 100). all parties (Sec. 6, Rule 10).
(2) A supplemental pleading does
(2) The original pleading is not extinguish the existence of
superseded or disappears from the the original pleading, while an
records. The defenses in the amended pleading takes the
original pleadings not reproduced place of the original pleading.
in the amended pleadings are
waived (Magaspi vs. Remolete, A supplemental pleading exists
115 SCRA 193). side by side with the original; it
does not replace that which it
(3) However, admissions in the supplements; it does not supersede
original pleading are not pleaded the original but assumes that the
insofar as they become original pleading remain as the
extrajudicial admissions – hence, issues to be tried in the action. A
need be proven, supported by supplemental pleading supplies the
evidence. deficiencies in aid of an original
pleading, not to entirely substitute
the latter (Sps. Caoili vs. CA, GR
128325, 09/14/1999).

RULE 37
 Requisites for Motion for New Trial: GROUND: FAME
New Trial or  Petition for relief vs New Trial or Reconsiderations
Reconsiderations - New Trial no final judgment yet; if there is already judgment,
petition for relief na.
  New Trial vs Reconsideration:

Rule 37 NEW TRIAL MOTION FOR

RECONSIDERATION
Nature - there is already a decision but -No new trial
not yet final and executory -take a 2nd look the
decision; no new
-for a new trial evidence presented;
judge will simply review
-If defendant discovers default his decision
after judgment final or executory – -final and executory;
remedy petition for relief from judgment based on
judgment merits; not
-If defendant discovers default interlocutory. If
before judgment final or executory interlocutory, the
– motion for new trial remedy is to wait for
final judgment or
assign such
interlocutory order as
error of the court.
-MR of a final order not
interlocutory
-the denial of MR of an
order of dismissal of
a complaint is not
interlocutory but a final
order
-but an order denying
an MR of an order of
dismissal of a complaint
is an effectively an
appeal of an order of
dismissal itself
-order for extension
of time to file for
motion for new trial or
reconideration, only
SC gyud na. not lower
courts.
Whole May Aggrieved Party only The aggrieved party
file
What is the set aside the judgment or final
Prayer? order and grant a new trial for one
 or more of the following causes
materially affecting the substantial
rights of said party:
Grounds 1. FAME 1.) The damages
2. Newly-discovered awarded are excessive;
evidence – NOT forgotten 2.) The evidence is
evidence. insufficient to justify the
- Discovered after trial decision or final order;
- which he could not, 3.) The decision or
with reasonable order is contrary to law.
diligence, have (in effect, the decision
discovered and is wrong)
produced at the trial,
and
- which if presented
would probably alter
the result. (convince
the court)

Must be proved by judicial affidavit An order denying a

not oral testimony motion for recon is
effectively an appeal of
Must execute affidavit of merits the dismissal itself
detailing the fraud, mistake relied
upon. Affidavit of Merits
also required
Requisites for Motion for New Requisites for Motion
Trial under FAME: for Reconsideration:
a. In writing a. In writing
b. Served on adverse Party b. Served on the
c. Accompanied by 2 adverse party
affidavits c. Must
1. Affidavits of facts specifically
and point:
circumstances 1. Findings or
constituting FAME conclusions
2. Affidavit of not
Merit/Meritorious supported
cause of action by
or defense evidence,
with
- Must be proved by express
judicial affidavit not reference
oral testimony to records
of case; or
- Must execute affidavit 2. If it is
of merits detailing the contrary to
fraud, mistake relied law, make
upon reference
to
- For the grounds of provisions
fraud, accident, of law.
mistake, or excusable
negligence,
attachment of
 affidavit of merit is
required; otherwise, it
would be a pro forma
motion.
Requisites for Motion for New
Trial under Newly- Discovered
Evidence:

Affidavit of Witnesses
executed:
a. In writing
b. Served on Adverse
Party
c. Must include:
1. Affidavit of
witnesses sought to
be introduced, or
2. Authenticated
copies of the
documents to be
introduced.

GR: new trial based on newly

discovered evidence is not
allowed on appeal.
XPNs: provided the following
requirements are present:

(a) The new evidence must have

been discovered after trial;
(b) Earnest efforts were done to
look for newly discovered
evidence but fruitless;
(c) If so allowed, it would probably
alter the result; and
(d) It must be material and not just
corroborative or cumulative
(Mendoza vs. Ozamis).

What happens if Motion for New What happens if Motion

Trial is granted? for Recon is granted?
1. If ground is FAME – there shall be -no trial de novo. The
trial de NOVO court will simply amend
2. If ground is NDE – the case will be its judgment after
reopened only for the purpose of restudying its decision.
admitting the new evidence. No
trial de novo.
Deadline for 30 days 30 days
the court to - A motion for new trial should be - A motion for new trial
resolve such filed within the period for taking an should be filed within
motion appeal. Hence, it must be filed the period for taking an
before the finality of the judgment appeal. Hence, it must
(Sec. 1). be filed before the
- No motion for extension of time finality of the judgment
to file a motion for reconsideration (Sec. 1).
shall be allowed. XPN: Supreme
 Court, not lower courts
 Remedy when motion is denied : The party aggrieved should
appeal the judgment. This is so because a second motion for
reconsideration is expressly prohibited under the Interim Rules
(Sec. 5).
 A record on appeal shall be required only in special
proceedings and other cases of multiple or separate appeals
(Sec. 3, Rule 40).
 Motion for Extension of Time to File for Motion for
Reconsideration – only SC, not lower courts.
 Fresh Fifteen (15) -day Period Rule (Neypes Doctrine)
 If court renders judgment on compromise; it is final and
executory.
 When to ask for new trial.

FRAUD: If consent was through Fraud -extrinsic fraud only

here meaning committed outside of trial; not intrinsic which
is committed during trial.

Example: X vs Y. nagkita sila sa mall to compromise. X Advised

Y ayaw nalang tubaga tong complaint mag compromise lang ta.
Wala sad gitubag ni Y. But that’s a trap diay. He was declared
default. That is fraud committed outside of trial.

Intrinsic example: there was falsified docs or perjury. (not a

ground for new trial)

MISTAKE: one ordinary prudence could not have guarded

against. Nasayop like same sa above example, ingon ang
lawyer, ahh ni compromise man diay so ayaw nalang na
tubaga. But wala diay ni compromise. That can be a considered
a mistake.

Mistakes of lawyer:
GR: clients are bound by lawyer’s mistake.
XPN: client’s rights are prejudiced and barred from presenting
his evidence.
-clients mistake of not attending trial without justifiable cause
not excusable.

 Remedy for judgment in default – motion for new trial.

 New trial or reconsideration: Petition for relief

 In a motion for new trial under ground B: Ayaw kalimiti that you
have a meritorous cause of action or defense.

 What is Pro Forma? Will not toll the running of period to appeal.

1) The Court has consistently held that a motion which does not
meet the requirements of Sections 4 and 5 of Rule 15 on
hearing and notice of the hearing is a mere scrap of paper,
which the clerk of court has no right to receive and the trial court
has no authority to act upon. Service of a copy of a motion
containing a notice of the time and the place of hearing of that
motion is a mandatory requirement, and the failure of movants
 to comply with these requirements renders their motions fatally
defective (Vette Industrial Sales vs. Cheng, GR 170232-
170301, 12/05/2006).

(2) A pro forma motion is one which does not satisfy the
requirements of the rules and one which will be treated as a
motion intended to delay the proceedings (Marikina
Development Corporatoin vs. Flojo, 251 SCRA 87). It is a mere
scrap of paper.

Section 3. Action upon motion for new trial or reconsideration

 Actions for court on motion for NT or MR is either:

1. Set aside the order and grant new trial
2. Deny the motion for NT or MR; amend or modify the judgment
  Fresh Fifteen (15) -day Period Rule (Neypes Doctrine)

Section 4. Resolution of motion. — A motion for new trial or reconsideration

shall be resolved within thirty (30) days from the time it is submitted for
resolution. (n)

Section 5. Second motion for new trial. — A motion for new trial shall
include all grounds then available and those not so included shall be
deemed waived

 Omnibus Motion Rule — Subject to the provisions of Sec. 1, Rule

9, a motion attacking a pleading, order, judgment or proceeding
shall include all objections then available, and all objections not so
included shall be deemed waived (Sec. 8, Rule 15).

 GR: No party shall be allowed a second motion for

reconsideration of a judgment or final order.

XPN: if the ground for the second motion for new trial is something
not known or not existing or not available when the party filed the
first motion, then the second motion is allowed
This is Omnibus Motion trial allowed

Q: Suppose a motion for new trial, which is based only on FAME,

was denied, can there be a second motion for new trial on the
ground of NDE?

A: It DEPENDS:
a.) If the NDE is already existing when the first motion was filed,
then the second motion for new trial will be denied because of
failure to raise it earlier – the second ground is deemed waived for
failure to raise the same;
b.) However, if the ground for the second motion for new trial is
something not known or not existing or not available when the party
filed the first motion, then the second
motion is allowed. The second motion is not a pro forma motion.

So, what the law prohibits is you file a motion for new trial and you
do not include all the grounds then available. If the ground surfaced
only later, then it is allowed. Therefore, the motion for new trial is an
 example of omnibus motion as defined in Rule 15, Section 8:

Section 6. Effect of granting of motion for new trial. —

 if granted: the original judgment or final order shall be vacated, and

the action shall stand for trial de novo;

 but the recorded evidence taken upon the former trial, insofar as the
same is material and competent to establish the issues, shall be
used at the new trial without retaking the same. (5a)

Section 7. Partial new trial or reconsideration. — If the grounds for a

motion under this Rule appear to the court to affect the issues as to only a
part, or less than an of the matter in controversy, or only one, or less than
all, of the parties to it, the court may order a new trial or grant
reconsideration as to such issues if severable without interfering with the
judgment or final order upon the rest. (6a)

Section 8. Effect of order for partial new trial. —

 When less than all of the issues are ordered retried, the court may
either:

a. enter a judgment or final order as to the rest, or

b. stay the enforcement of such judgment or final order until after

the new trial.

Section 9. Remedy against order denying a motion for new trial or

reconsideration.

RULE 38 Section 1. Petition for relief from judgment, order, or other

RELIEF FROM proceedings. — When a judgment or final order is entered (FINAL AND
JUDGMENTS, EXECUTORY basta entered nag ani), or any other proceeding is thereafter
ORDERS, taken against a party in any court through fraud, accident, mistake, or
OR OTHER excusable negligence, he may file a petition in such court and in the same
PROCEEDINGS – case praying that the judgment, order or proceeding be set aside. (2a)
refers only to MTC and
RTC  A petition for relief from judgment is an equitable remedy that is
allowed only in exceptional cases when there is no other
 available or adequate remedy.

 When a party has another remedy available to him, which may

be either a motion for new trial or appeal from an adverse
decision of the trial court, and he was not prevented by fraud,
accident, mistake or excusable negligence from filing such motion
or taking such appeal, he cannot avail himself of this petition (Trust
International Paper Corp. vs. Pelaez, GR 164871, 08/22/2006).

 Cannot be availed in CA, MTC and RTC ra gyud na. Why? SC only
for law not trier of facts.

 Petition for relief must be filed when judgment is final and

executory. If masayop ka, your petition for relief will be treated as
petition for new trial. And vice versa, if final na and ne file ka petition
for NT, it will be treated as P for Relief.

 Three ways of attacking a final and executory judgment:

a. Petition for Relief

b. Direct attack to annul and enjoin enforcement

c. Direct action by Certiorari or collateral attack

 Petition for relief avail for summary judgment

Section 2. Petition for relief from denial of appeal. - file a petition in such
court and in the same case praying that the appeal be given due course. 

Section 3. Time for filing petition; contents and verification. — important ni

a. 60 days - A petition provided for in either of the preceding sections

of this Rule must be verified (under Oath) , filed within sixty (60)
days after the petitioner learns of the judgment, final order, or
other proceeding to be set aside, and (unint

b. not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken, and

Requirements: must be accompanied with affidavits showing the

fraud, accident, mistake, or excusable negligence relied upon, and
the facts constituting the petitioner's good and substantial cause of
action or defense, as the case may be.

a. Affidavit of merits showing FAME

b. Facts showing petitioner’s good and substantial cause of action

or defense

 Meaning of FAME individual description

  Section 4. Order to file an answer. adverse parties to answer the
same within fifteen (15) days from the receipt thereof.

Section 5. Preliminary injunction pending proceedings.

 Q: So how are you going to stop the execution of judgment?

Section 5 apply for Preliminary injunction, but such injunction shall
not operate to discharge or extinguish any lien (like attachment
or execution) which the adverse party may have acquired upon, the
property, of the petitioner.

Section 6. Proceedings after answer is filed: he court shall then proceed to

hear and determine the case as if a timely motion for a new trial or
reconsideration had been granted by it. 

 When is trial on the merits not necessary?

 Order denying the petition is now subject to certiorari; denying the

motion is interlocutory.

 Q; which is subject to certiorari or appeal? Know more on this

Section 7. Procedure where the denial of an appeal is set aside.

 P for relief

- file a petition in such court and in the same case praying that
the judgment, order or proceeding be set aside.

 Remedies against Judgments:

- Petition for relief
- Direct attack to annul
- Petition to enjoin the enforcement judgment

 Denial of Appeal. Remedy? Section 2

- Sec. 2. Petition for relief from denial of appeal: When a
judgment or final order is rendered by any court in a case, and
a party thereto, by fraud, accident, mistake, or excusable
 negligence, has been prevented from taking an appeal, he may
file a petition in such court and in the same case praying that
the appeal be given due course.

Applied only when the one deprived is party to the case.

Sec. 3. Time for filing petition; contents and verification.

(Important)

A petition provided for in either of the preceding sections of this

Rule must be verified, filed within sixty (60) days after the
petitioner learns of the judgment, final order, or other
proceeding to be set aside, and not more than six (6) months
after such judgment or final order was entered, or such
proceeding was taken;

and must be accompanied with affidavits (affidavits of merits)

showing the fraud, accident, mistake, or excusable negligence
relied upon, and the facts constituting the petitioner's good
and substantial cause of action or defense, as the case may
be.

Mistake here refers to mistake of fact, not of law.

Doctrine of Immutability of Judgment: After judgment becomes

final and executory, it can no longer be altered or changed.

Republic vc IAC:

GR: Once decision is appealed, cannot be executed.

XPN: Discretionary Appeal under Section 2, Rule 39. File a motion for
execution pending appeal with NOTICE to the adverse party.
- May be filed in the original or appellate court, depending on where
the record is.
- You have to allege and prove GOOD REASONS.
Example: the prevailing party is already 70 years old. About
collection of money. Good reason kay basin mamatay nalang sa
kadugay.
- Several, separate or partial judgment may be executed.

*note if it’s litigious motion, there should be NOTICE to the adverse party.

Q: Who will enforce the judgment?

A: The very same court which rendered the judgment.

 Requisites:
a. Motion by prevailing party
b.Good reasons
c. Special order

Ipangutana ni 100%: Several judgment and

  Effect of void writ of execution pending appeal: without legal effect.

RULE 39 RULE 39: Execution, Satisfaction and Effect of Judgments

Execution,  The denial of execution of judgment is a ground for Mandamus

Satisfaction and Effect because execution is a ministerial duty of the court.
of Judgments
 So, remedies of partieswhen court does not execute are:

a. If court of origin – Mandamus

b. If appellate court – ask the appellate court to direct the lower

court to issue writ of execution.

Section 1. Execution upon judgments or final orders. Execution shall

issue as a matter of right, when a judgment becomes final and
executory.

 Judgments and orders become final and executory by operation of

law and not by judicial declaration. The trial court need not even
pronounce the finality of the order as the same becomes final by
operation of law. Its finality becomes a fact when the reglementary
period for appeal lapses, and no appeal is perfected within such
period (Testate of Maria Manuel Vda. De Biascan, 374 SCRA 621;
Vlason Enterprises vs. CA, 310 SCRA 26).

 IF judgment of appellate court has been final and executory, where

to file for motion for execution? Sa court of origin and attach the
certified true copy of the judgment of appellate court with
notice to the adverse party.

 ”Once a judgment becomes final, it is basic that the prevailing party

is entitled as a matter of right to a writ of execution the issuance of
which is the trial court’s ministerial duty, compellable by mandamus”
(Greater Metropolitan Manila Solid Waste Management Committee
vs. Jancom Environmental Corp., GR 2163663, 01/30/2006)

 There’s another way of doing it kay sometimes si lower court

magpalangan langan, you can direct the appellate court to issue
writ of execution.

 Final Judgment vs Final and executory.

(1) When a judgment becomes final and executory, all the

issues between the parties are deemed resolved and laid to
rest. All that remains is the execution of the decision which is a
matter of right. However, the Court enumerates the instances
where a writ of execution may be appealed, one of which is
when there has been a change in the situation of the parties
making execution inequitable or unjust. Also, Sec. 5, Rule 135
of the Rules of Court states that it is an inherent power of a
court to amend and control its process and orders so as to
make them conformable to law and justice (Parel v. heirs of
 Simeon Prdencio, GR No. 192217, 03/02/2011).

 GR: Execution is a matter or right after expiration of period to

appeal and no appeal is perfected, except in the following
cases: (You have to file for issuance of writ, court cannot issue
motu propio)
XPNS:
(a) Where judgment turns out to be incomplete or conditional;
(b) Judgment is novated by the parties;
(c) Equitable grounds (i.e., change in the situation of the parties—
supervening fact doctrine)
(d) Execution is enjoined (i.e., petition for relief from judgment or
annulment of judgment with TRO or writ of preliminary injunction);
(e) Judgment has become dormant; or
(f) Execution is unjust or impossible.

 Can the court issue a motion for execution motu proprio? No. ang
nakadaog ra gyud.

 Forcible entry and Detainer – once issued becomes final and

executory.

 What judgments are not appealable?

1. Conditional Judgment – no judgment at all

2. Incomplete Judgment – not appealable.

 When judgment not clear – you can file motion for clarificatory
judgment

 Novated judgment cannot be executed

 Judgment for support cannot become final -dependent on need

and resources

 The doctrine of immutability of judgments bars courts from

modifying decisions that have already attained finality, even if the
purpose of the modification is to correct errors of fact or law
(Gadrinan vs. Salamanca, GR No. 194560, 06/11/2014). The
doctrine of immutability of judgment provides that once a final
judgment is executory, it becomes immutable and unalterable. It
cannot be modified in any respect by any court. The purpose of
the doctrine is first, to avoid delay in the administration of justice
and thus, procedurally, to make orderly the discharge of judicial
business

XPNS:

1. first, the correction of clerical errors; not substantial

 2. second, nunc pro tunc entries which cause no prejudice to any
pmiy;

3. third, void judgments; and

4. fourth, whenever circumstances transpire after the finality of the

decision rendering its execution unjust and inequitable.

 Republic vs IAC:

Section 2. Discretionary execution. 

 GR: Once decision is appealed, cannot be executed.

XPN: Discretionary Appeal under Section 2, Rule 39. File a motion

for execution pending appeal with NOTICE to the adverse party.

 Requisites for discretionary execution:

(a) There must be a motion filed by the prevailing party with
notice to the adverse party;
(b) There must be a hearing of the motion for discretionary
execution;
(c) There must be good reasons to justify the discretionary
execution; and

- May be filed in the original or appellate court, depending on where

the record is. Satisfy the court that all requisites are present.
- You have to allege and prove GOOD REASONS.
Example: the prevailing party is already 70 years old. About
collection of money. Good reason kay basin mamatay nalang sa
kadugay.

- Several, separate or partial judgment may be executed.

 This is a litigious motion.

 3) Kinds of Judgment:

(a) Sin Perjuicio Judgment. It is a judgment that violates the the

requirements in Section 15, Article VIII of the Constitution insofar as
it is without statements of facts to support its conclusions.

(b) Nunc Pro Tunc Judgment or Order. It is an order of the court

requiring a retroactive re-dating of an order, judgment or document
filing be entered or recorded in a judgment (2014 Bar). The object of
a judgment nunc pro tunc is not the rendering of a new judgment
and the ascertainment and determination of newe rights, but is one
placing in proper form on the record, the judgment that had been
previously rendered, to make it speak the truth, so as to make
judicial errors, such as to render a judgment which the court ought
to have rendered, in place of the one it did erroneously render, nor
to supply non-action by the court, however erroneous the judgtment
may have been (Filipinas Faroil Processisng vs. Dejapa, GR No.
 167332, 02/07/2011).

(c) Several Judgment.

 100% e ask ni:

Q: What is Several Judgment and Separate Judgment:
Several Judgment. It is a judgment rendered by a court against one
or more defendants, but not against all, leaving the action to
proceed against the other (Sec. 4, Rule 36). Where several actions
are ordered to be tried together but each retains its separate
character and requires the entry of a separate judgment.

 under Section 2, Rule 39 of the Rules of Court (Rules), the

existence of "good reasons" for the immediate execution of a
judgment is an indispensable requirement as this is what confers
discretionary power on a court to issue a writ of execution pending
appeal. Good reasons consist of compelling circumstances
justifying immediate execution, lest judgment becomes illusory, that
is, the prevailing party’s chances for recovery on execution from the
judgment debtor are altogether nullified. Mere posting of bond not
a good reason.
 Only appellate court can decide if appeal is frivolous or not, not
lower court.
 Execution pending appeal is not applicable is land registration
proceedings.
 Execution pending appeal authorized in election cases, ipa execute
gyud na kay mahuman nalang ang term di na ka kalingkod.
 note if it’s litigious motion, there should be NOTICE to the adverse
party.
 Award for moral and exemplary damages – cannot ask for
attachment; and pending appeal.
 1:10:46
 Q: Who will enforce the judgment?
A: The very same court which rendered the judgment.

 Requisites:
a. Motion by prevailing party
b. Good reasons
d. Special order
 Effect of void writ of execution pending appeal: without legal effect.
 Motion for execution pending appeal and motion for execution in
forcible entry and detainer. MTC immediately executory, remedy file
an appeal before the RTC and deposit supersedes bond.
 Stay of Execution in Ordinary Action (Rule 39) vs Stay of Execution
forcible entry and detainer (Rule 70)
 Stay of Ordinary Execution- execution pending appeal, mapugngan
pa ba na? Yes. Upon filing of supersedes bond with the appellate
court.
 If issued without good reasons. Remedy? Certiorari
 What’s the purpose of the bond?
 Stay of Execution by posting of bond- not automatic, if as strong
ang execution pending appeal is with better reason. Stay of
execution may not lie.
 What are the judgments not stayed by appeal? (I might ask this)
Section 4. Judgments not stayed by appeal
  Ni render ug decision ejectment, napahawa ang defendant. G
reverse sa SC. Insaon man na? Restitution or reparation of
dmaages may be ordered by the trial court in the event of reversal
after appeal has been reversed – pahimo lain balay or cash.
 How restitution is made? Judgment modified.
 As to real properties sold by sheriff. The sale is not affected by
the reversal judgment. The buyer being a 3 rd party to the
proceedings shall not be affected. Kwarta nalang gyud wala nay
mahimo.
 Liability of plaintiff in execution of properties already sold to 3 rd
person – liable to defendant on the amount realized from sale from
interest.

 If there was execution pending appeal, but g reverse sa higher

court. What happens. Restitution.

 Sec 6 very important: When mo execute sa judgment?

- within 5 years execution upon motion; if mulapas na mo file na ka

“action” called “revival of judgment”. Mulapas gani 10 years, wala
naka mahimo.
- PNB vs Bondoc: Within 10 years from the finality of the revived
judgment.
- Purpose: to prevent parties from sleeping on their rights. Not
intended to open facts or reexamine the issue already decided but
to revive the judgment for execution. Note that the subject to be
revive is subject to defenses already. Example: payment,
jurisdiction, counterclaim, prescription ike nilapas na 10 years.
- Judgment by compromise: could be constituted only after the
experition of the 6-year period.

GR: file “Motion” within 5 years

XPN:
1. pwd gihapon mo file motion even if lapas na 5 years if fault of
defendant or agreement between parties. “nihanyo si
defendant kay wala pa hahlin yuta example”

 On the 4th year he filed motion for execution, naa siya nakuha na
property. After 5 years, pwd na nimo mabaligya ang property? Yes.
Dili na mo matter when ibaligya. Important is the time of the motion
itself. Even if execution is beyond the 5-year period. It’s okay.
 Judgment for support, does not prescribe. The 5-year period does
not apply to summary procedure.
 A case is still is pending if judgment has not been satisfied until
judgment is executed.
 Action for enforcement for judgment is a personal action: any
province where defendant or plaintiff resides, at the option of the
plaintiff.
 If judgment sought to be enforced is real in character, where real
property is situated.
 Which court to file? RTC since its incapable of pecuniary estimation.
 Action for revival of judgment – subject to defenses like payment or
prescription.

Sec. 7. Execution in case of death of party.

  If prevailing party dies – executor/admin
 If the judgment debtor /obligor – go against his executor or
administrator or successors-in-interest for recovery of real property
or lien thereon.
 What if na levied na or ready na ang property? – sell it nalang. In
case of excess, proceeds shall go to executor. In accordance to
Rule 85, Sec 6. If you have the judgment, no need to prove. Just
present the decision.
11/2/2021  Sec. 8. Issuance, form and contents of a writ of execution.
Q: Who issues writ of execution? COC
Q: Who will enforce writ f execution Sheriff or Proper court officer

The court which granted the motion;

(1) issue in the name of the Republic of the Philippines from the court which
granted the motion;
(2) state the name of the court, the case number and title, the dispositive
part of the subject judgment or order; and
(3) require the sheriff or other proper officer to whom it is directed to enforce
the writ according to its terms, in the manner herein after provided.

 The property must be sold at a public auction, the prevailing party

does not own that.
 Proceed with the personal properties, then real.
 The amount due should be specified in the writ of execution, sheriff
does not have to total it. Execute ragyud na siya.
 Note you cannot attach family home, pension, salaries still with
govnt.
 Remedy for oblige when there is writ issues. Motion to quash
 For money judgment -how to enforce. Go to defendant for
immediate demand of the fees in the writ of execution. If not cash,
check payable to judgment oblige not to sheriff huh. Any other form
of payment acceptable to the plaintiff. Example: e date ang asawa
okay ra gihapon na haha.
 What if wala or kulang ang kwarta? What shall the sheriff do? Levy
upon properties of any kind of nature, provided not exempt of
execution. Example car. Then ibaligya in a public auction. Note,
personal properties first, if not enough, proceed against real
properties.
 Promissory note dili pwede. Ayaw gyud na dawata sheriff. XPN:
acceptable by judgment obligee.
 If check issued under sheriff’s name, that’s not satisfaction of
judgment. Adto gyud name sa judgment obligee.
 The sheriff cannot arbitrarily levy property (b) Ordinary tools and
implements personally used by (obligee) him in his trade,
employment, or livelihood; like martilyo or gabas sa panday.
Mapasmo nasad)
 Satisfaction by levy. You cannot sell property if the property is not
levied. Only the judgment oblige can choose which property to levy,
not the sheriff. Property attached is property under custodia legis,
misappropriation thereof is malversation.
 Levy on personal property: actual or constructive.
 Garnishment on debts
b) Garnishment – plaintiff seeks to subject either the property of
defendant in the hands of a third person (garnishee) to his
claim or the money which said third person owes the defendant.
 Garnishment does not involve actual seizure of property which
remains in the hands of the garnishee. It simply impounds the
property in the garnishee’s possession and maintains the status quo
until the main action is finally decided. Garnishment proceedings
are usually directed against personal property, tangible or intangible
and whether capable of manual delivery or not.
(c) Levy on execution – writ issued by the court after judgment by
which the property of the judgment obligor is taken into custody of
the court before the sale of the property on execution for the
satisfaction of a final judgment.

 Section 9 is about judgment for money

- awards for moral and exemplary damages cannot be the
subject of execution pending appeal. The execution of any award
for moral and exemplary damages is dependent on the outcome of
the main case. Liabilities for moral and exemplary damages, as well
as the exact amounts remain uncertain and indefinite pending
resolution by the Court of Appeals or Supreme Court (RCPI vs.
Lantin, 134 SCRA 395 [1985]; International School, Inc. vs. Court of
Appeals, 309 SCRA 474 [1999]).

 Sec. 10. Execution of judgments for specific act.

(a) Conveyance, delivery of deeds, or other specific acts; vesting
title
(b) Sale of real or personal property.
(c) Delivery or restitution of real property
(d) Removal of improvements on property subject of execution.
 Restore Possession – file ka ug motion for Writ of
Possession.
Can you dem abolish the house already established by
judgment obligor. What to do? File and issuance of writ of
demolition. Ang e demolish kadto ra gyud g mention sa writ of
demolition. Ayaw na kalabang. Di na pwede. There should be
hearing ana ug asa ang e demolish. Nahitabo ni one case,
giapil sa sheriff ang silingan, gikiha ang sheriff, kabayad ang
sheriff uie.
(e) Delivery of personal property = forthwith deliver it to the party
entitled thereto and satisfy any judgment for money as therein
provided.
- Dira sa Mambaling, Cebu nahitabo ni. Mga informal settlers diha.
Unsa gibuhat nila 1 week before demolition, naghimo sila excreta
bomb. Suz Baho kayo uie. Looy kayo mga pulis padung mag
demolish. Nag retreat because of the excreta bomb.
 Failure to comply with Sec 10 is not necessarily punishable by
contempt.
Case: There was already a writ of possession.

 Sec. 11. Execution of special judgments. Only the judgment

obligor can perform. (meaning siya ra gyud pwd mo perform.
Example: contract to sing or paint, sila ra gyud pwede, not money or
specific act.
What to do? a certified copy of the judgment shall be attached to
the writ of execution and shall be served by the officer upon the
party against whom the same is rendered.
Effect of non-compliance? such party or person may be punished
for contempt if he disobeys such judgment.
 Example: breach of contract ; Mandamus (special judgment); to
vacate (ordinary ra na, not special judgment)

 Sec. 12. Effect of levy on execution as to third persons.

- Judgment oblogee cannot own a property; ibaligya pa ni. subject to
liens and encumbrances then existing. Example kana na property
naay mortgage, subject na siya. Bayran gyud nimo ang mortgagee.
What if kulang ang property?
 Sec. 13. Property exempt from execution. (not exclusive)
-apil sad ani ang pension sa teacher.
a) The judgment obligor's family home as provided by law, or
the homestead in which he resides, and land necessarily used
in connection therewith;
(b) Ordinary tools and implements personally used by him in
hs trade, employment, or livelihood; (necessarily used by him
in his occupation)
-dapat ordinary like gabas, martilyo
(c) Three horses, or three cows, or three carabaos, or other
beasts of burden such as the judgment obligor may select
necessarily used by him in his ordinary occupation;
- if Engr ka naa ka carabao, mabira na kay di na man na nimo
ordinary
(d) His necessary clothing and articles for ordinary personal
use, excluding jewelry;
- brief, panty, etc
(e) Household furniture and utensils necessary for
housekeeping, and used for that purpose by the judgment
obligor and his family, such as the judgment obligor may
select, of a value not exceeding one hundred thousand pesos;
(f) Provisions for individual or family use sufficient for four
months;
(g) The professional libraries and equipment of judges,
lawyers, physicians, pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other professionals, not
exceeding three hundred thousand pesos in value;
(h) One fishing boat and accessories not exceeding the total
value of one hundred thousand pesos owned by a fisherman
and by the lawful use of which he earns his livelihood;
-dentist ka then naa ka fishing boat, mabira na kay di man na nimo
livelihood.
(i) So much of the salaries, wages, or earnings of the judgment
obligor of his personal services within the four months
preceding the levy as are necessary for the support of his
family;
(j) Lettered gravestones;
-daginoton pajud nang lubnganan
(k) Monies benefits, privileges, or annuities accruing or in any
manner growing out of any life insurance;
-pension di na mabira; support in arrears or installments, pwede na
mabira;
(l) The right to receive legal support, or money or property
obtained as such support, or any pension or gratuity from the
Government;
(m) Properties especially exempt by law.
 But no article or species of property mentioned in his section shall
be exempt from execution issued upon a judgment recovered for its
price or upon a judgment of foreclosure of a mortgage thereon.

 Sec. 14. Return of writ of execution.

- Writ of Execution lifetime – 5 years
- If after 5 years, pwede gihapon magbaligya as soon as naan a
execution writ within the 5 years from entry of judgment.
 Sec. 15. Notice of sale of property on execution (read codals)
- Remember there must be notice; otherwise null and void.
(a) In case of perishable property - by posting written notice of
the time and place of the sale in three (3) public places,
-example: apple, unahon gyud na kay mangugat nalang na.
(b) In case of other personal property - by posting a similar
notice in the three (3) public places above-mentioned for not
less than five (5) days;
(c) In case of real property
(d) In all cases, written notice of the sale shall be given to the
judgment obligor

- The notice shall specify the place, date and exact time of the sale
which should not be earlier than nine o’clock in the morning and not
later than two o’clock in the afternoon. The place of the sale may be
agreed upon by the parties. In the absence of such agreement, the
sale of real property or personal property not capable of manual
delivery shall be held in the office of the clerk of court of the
Regional Trial Court or the Municipal Trial Court which issued the
writ or which was designated by the appellate court. In the case of
personal property capable of manual delivery, the sale shall be
held in the place where the property is located.
 Sec. 16. Proceedings where property claimed by third person. (3rd
party claim or terceria)
- Note that there is also terceria in attachment and other rules.
- GR: Sheriff shall Proceed against property of losing party.
 If sheriff attaches property of 3 rd person, he may execute affidavit of
3rd party claim.
- If the property levied on is claimed by any person other than the
judgment obligor or his agent and such person makes an affidavit
of his title thereto or right to the possession thereof, stating the
grounds of such right or title, and serves the same upon the
officer making the levy and a copy thereof upon the judgment
obligee,
---effect? the officer shall not be bound to keep the property, unless
mag demand si judgment oblige and post bonds approved by the
court to indemnify the third-party claimant in a sum not less than the
value of the property levied on.

 The officer shall not be liable for damages for the taking or keeping
of the property, to any third-party claimant if such bond is filed.

 No claim for damages for the taking or keeping of the property may
be enforced against the bond unless the action therefor is filed
 within one hundred twenty (120) days from the date of the filing of
the bond. – so dapat mo file ug action si 3 rd party within 120days
from filing of bond.

 To protect himself the sheriff shall not proceed if there is a 3 rd party

claim. If he still proceeds, he can but it’s at his own risk.
 Nothing herein contained shall prevent such claimant or any
third person from vindicating his claim to the property in a
separate action, or prevent the judgment obligee from claiming
damages in the same or a separate action against a third-party
claimant who filed a frivolous or plainly spurious claim. Why?
Because the 3rd party claimant can no longer intervene because the
judgment here is already issued. Note na this is already execution
 Suppose a 3rd party claimant files a spurious claim, the judgment
oblige may also file separate action to separate himself.

 Doctrine of Adherence of Jurisdiction / Continuity of

Jurisdiction:
1) The court, once jurisdiction has been acquired, retains that
jurisdiction until it finally disposes of the case (Abad vs. RTC
Manila, 10/12/1987).
(2) Even the finality of the judgment does not totally deprive the
court of jurisdiction over the case. What the court loses is the power
to amend, modify or alter the judgment. Even after the judgment
has become final, the court retains jurisdiction to enforce and
execute it (Echegaray vs. Secretary of Justice, 301 SCRA 96),
except in the case of the existence of a law that divests the
court of jurisdiction.

 Sec. 17. Penalty for selling without notice, or removing or defacing

notice.
- ay punitive damages (see codals)
 Sec. 18. No sale if judgment and costs paid. At any time before sale
of property, obligor may prevent sale by paying the amount required
by the execution and the costs that have been incurred therein.
 Sec. 19. How property sold on execution; who may direct manner
and order of sale.
-suppose judgment obligor is present, he can direct which property
has to be sold first.
Note: Neither the officer conducting the execution sale, nor his
deputies, can become a purchaser, nor be interested directly or
indirectly in any purchase at such sale. Can the creditor
participate? Yes.

 Who rules validity of execution sale? Court issuing the writ of

execution. Under doctrine of adherence of jurisdiction.

 Where property sold? In a public auction in the province where

property is situated and sale be made by sheriff assigned in the
province.

Purpose of public action: to determine highest price. Shocking

inadequacy of price may cancel sale.

Conventional Redemption: Inadequacy of price may be immaterial.

 Pwede mabaligya ni debtor sa silingan for example iya right to
redeem.

 Sec. 20. Refusal of purchaser to pay. If ever the highest bidder

- the officer may again sell the property to the highest bidder
- the court may order the refusing purchaser to pay into the court the
amount of such loss, with costs, and may punish him for contempt if
he disobeys the order.
- amount of such payment shall be for the benefit of the person
entitled to the proceeds of the execution, unless the execution has
been fully satisfied, in which event such proceeds shall be for the
benefit of the judgment obligor.
- The officer may thereafter reject any subsequent bid of such
purchaser who refuses to pay.

 Sec. 21. Judgment obligee as purchaser.

- and no third-party claim has been filed, he need not pay the amount
of the bid if it does not exceed the amount of his judgment. If it
does, he shall pay only the excess. If mu exceed sa iyang claim, he
has to pay na.

 Sec. 22. Adjournment of sale.

 Sec. 23. Conveyance to purchaser of personal property
capable of manual delivery.
- capable of manual delivery: officer making the sale must deliver the
property to the purchaser and, if desired, execute and deliver to him
a certificate of sale.
 Sec. 24. Conveyance to purchaser of personal property not
capable of manual delivery.
-if not capable of manual delivery - execute and deliver to him a
certificate of sale.

Note: The real property ra gyud naay right of redemption +

registration of register of deeds; sale of personal property wala na
redemption.

 Judicial Foreclosure of mortgage:

GR: No right of redemption.
XPN: Mortgagor is a banking institution.
Until 1:25:52
 When acquires title during judicial foreclosure? Upon registration of
the property
 While in ordinary sale, upon the expiration of the redemption period.
 Ug unsay katungod of judgment obligor at the time of redemption or
purchase, that is the only right that the purchaser may acquire as
well. If in case, obligor no longer has the right upon purchase, so
wala nasad right si purchaser.
 When Right and title of judgment of title be transferred? That’s the
risk of auction sale kay possible kana imo gipalit dili na si obligor
tag.iya.
 During the period of redemption, purchaser cannot posses it yet.
Possession is still with judgment obligor.
 Section 27. Who may redeem real property so sold.
Rules on Redemption
 (1) Real property sold, or any part thereof sold separately, may be
redeemed by the following persons:
(a) Judgment obligor, or his successor in interest in the whole or
any part of the property;
(b) Redemptioner – a creditor having a lien by virtue of an
attachment, judgment or mortgage on the property sold, or on some
part thereof, subsequent to the lien under which the property was
sold.

NOTES:
 A mortgagee can be a redemptioner even if his mortgage
has not yet matured, but his mortgage contract must have been
executed after the entry of judgment. Generally, in judicial
foreclosure sale, there is no right of redemption, but only equity of
redemption. In sale of estate property to pay off debts of the estate,
there is no redemption at all. Only in extrajudicial foreclosure sale
and sale on execution is there the right of redemption.

 Who may redeem real property? I repeat, personal

property cannot be redeemed. Only real property.
1. The judgment obligor, or redemptioner
2. Mortgagee

 The judgment obligor, or redemptioner, may redeem the

property from the purchaser at any time within 1 year from the
date of the registration of the certificate of sale by paying the
purchaser:
(a) the amount of his purchase;
(b) amount of any assessments or taxes which the purchaser
may have paid after purchase;
(c) if the purchaser be also a creditor having a prior lien to that of
the redemptioner, other than the judgment under which such
purchase was made, the amount of such other lien; and
(d) with 1 percent per month interest up to the time of redemption.

Example: X filed a case against Y. Property sold at auction kay

utangan si plaintiff ug 500k. Worth sa property kay 2m. Within 1
year period from registration of sale, judgment obligor may
redeem within 1 year. Nikiha nasad si V ni Y for 500k. Wala namn
lain property si Y, so he can redeem the lot again bayarahn nimo
tong nakapalit + interest. Katay katay n ani siya. If ikiha nasad
usab, pwd gihapon. Purpose: So that the property of the judgment
obligor will answer for so many debts.

 Property redeemed may again be redeemed within 60

days after the last redemption by a redemptioner, upon payment
of:
(a) the sum paid on the last redemption, with additional 2
percent;
(b) the amount of any assessments or taxes which the last
redemptioner may have paid thereon after redemption by him, with
interest;
(c) the amount of any liens held by said last redemptioner prior to
his own, with interest.

 Section 29. Effect of redemption by judgment obligor, and a

 certificate to be delivered and recorded thereupon; to whom
payments on redemption made.
- If obligor gani mu redeem, tapos nan a diha.
 Section 30. Proof required of redemptioner.
 Section 31. Manner of using premises pending redemption; waste
restrained.
 Section 32. Rents, earnings and income of property pending
redemption.
- If no redemption is made within 1 year from registration of sale, the
purchaser is entitled to possession of property.
- No separate action to possession is necessary.
- Motion for Issuance of Writ of Possession only. Ministerial duty of
trial court to issue writ to the purchaser.
 Sec. 33. Deed and possession to be given at expiration of
redemption period; by whom executed or given.
 Sec. 34. Recovery of price if sale not effective; revival of judgment.
 Sec. 35. Right to contribution or reimbursement.
 Sec. 36. Examination of judgment obligor when judgment
unsatisfied.
- at any time after such return is made - ipatawag nimo si judgment
obligor before the court, sukit sukiton para mahibaw-an if naa ba
gyud siya ay property.
 Sec. 37. Examination of obligor of judgment obligor. (meaning 3rd
person)
- that a person, corporation, or other juridical entity has property of
such judgment obligor or is indebted to him - ipatawag na si person
before the court, sukit sukiton para mahibaw-an if naa ba gyud niya
ang property ni obligor.Then if naa gyud, ayaw ipauli ni obligor.
Requires him not to pay the main creditor, which is the obligor, but
pay the obligee. There is a case of involuntary novation here.
 Sec. 38. Enforcement of attendance and conduct of examination.
 Sec. 39. Obligor may pay execution against obligee.
 Sec. 40. Order for application of property and income to satisfaction
of judgment.
- it appears that the earnings of the judgment obligor for his
personal services are more than necessary for the support of his
family, the court may order that he pay the judgment in fixed
monthly installments
- failure to pay any such installment when due without good
excuse, may punish him for indirect contempt.
 Sec. 41. Appointment of receiver.
-to preserve and conserve the property; sheriff not a proper party as
receiver.
 Sec. 42. Sale of ascertainable interest of judgment obligor in real
estate.
 Sec. 43. Proceedings when indebtedness denied or another person
claims the property.
-if the third party claims interest over the property adverse to him or
denies the hi debt to obligor, the court may authorize, by an order
made to that effect the judgment obligee to institute an action
against such person or corporation for the recovery of such interest
or debt, (mao ra na power ni court, dili kapugos si court ana) forbid
a transfer or other disposition of such interest or debt within one
hundred twenty (120) days from notice of the order, and may punish
disobedience of such order as for contempt.
 -dili kapugos ang court to direct the property to oblige, instead
oblige may file an action to recover indebtedness

11/7/2021
 Cognovit - criminal law a defendant's confession that the case
against him or her is just
 Garnishment – the obligee will proceed to the debtor of obligor.
Also example: there’s a vehicle allegedly owned by the obligor held
by the debtor of the obligor . If muingon si 3 rd person akoa man na
di na ka obligor. Dili kapugos ang court ana. the court may
authorize, by an order made to that effect the judgment obligee to
institute an action against such person or corporation for the
recovery of such interest or debt,

 Sec. 44. Entry of satisfaction of judgment by clerk of court.

- Remember that as long as judgment has not yet been satisfied,

case is still considered pending. Once COC enters satisfaction, then
case is now considered terminated.

- When entered? Satisfaction of a judgment shall be entered by the

clerk of court in the court docket, and in the execution book
1. upon the return of a writ of execution showing the full
satisfaction of the judgment, or
2. upon the filing of an admission to the satisfaction of the
judgment executed and acknowledged in the same manner
as a conveyance of real property by the judgment obligee or by
his counsel
3. Whenever a judgment is satisfied in fact, or otherwise than upon
an execution, on demand of the judgment obligor (mu ingon si
obligor, satisfied n ani (Sec 45)
4. the court may order either the judgment obligee or his counsel to
do so, or may order the entry of satisfaction to be made without
such admission. (Sec 45)

-example mubayad si obligor, dili mubayad si obligor, is it necessary

to tender payment? Dili na e follow ang civil code E deposit ra na sa
court.

 Sec. 46. When principal bound by judgment against surety.- When

principal bound by surety? Surety is allowed to intervene. This
contemplates a case when surety is sued without including the
principal. Here, surety must inform the principal and involve in the
case. However, even if principal does not intervene, he will be
bound by whatever judgment against the surety. The surety may
also file a separate action against principal to compel
reimbursement, but cannot interpose defenses which he could have
set up in the original action by obligee against principal.

-when surety and principal sued together? A judgment may be

rendered against them jointly and severally. Surety may file cross-
claim against principal for reimbursement.

 Sec. 47. Effect of judgments or final orders. (Res juudicata)

very important
a. In rem – binding against the whole world that’s why publication
 needed.
1. judgment or final order against a specific thing
2. respect to the probate of a will
3. the administration of the estate of a deceased person
4. n respect to the personal, political, or legal condition or
status of a particular person or his relationship to another
-kini si X son of Y. Binding against the whole world.
Citizenship – Filipino siya , binding against the whole world.
Ma annul marriage , binding na since issue of status na.

- the judgment or final order is conclusive upon the title to the

thing, the will or administration, or the condition, status or
relationship of the person
NOTE: however, the probate of a will or granting of letters of
administration shall only be prima facie evidence of the death
of the testator or intestate;

b. In personam - judgment or final order is, with respect to the

matter directly adjudged or as to any other matter that
could have been raised in relation thereto, conclusive
between the parties and their successors in interest by title
subsequent to the commencement of the action or special
proceeding, litigating for the same thing and under the same
title and in the same capacity; and (bar by prior judgment)
c. In personam also - In any other litigation between the same
parties or their successors in interest, that only is deemed to
have been adjudged in a former judgment or final order which
appears upon its face to have been so adjudged, or which was
actually and necessarily included therein or necessary thereto.
(estoppel of judgment or conclusiveness of judgment)

- The doctrine of res judicata by conclusiveness of judgment

postulates that when a right or fact has been judicially tried and
determined by a court of competent jurisdiction, or when an
opportunity for such trial has been given, the judgment of the court,
as along as it remains unreversed, should be conclusive upon the
parties and those in privity with them (LZK Holdings and
Development Corp. vs. Planters Development Bank, GR No.
187973, 01/20/2014).
- (estoppel of judgment or conclusiveness of judgment):
Example: X filed against Y for non-payment of debt secured by PN
thru installments. Wa nibayad sa 1 st and 2nd installments. Y
interposed forgery of PN. Findings of court, genuine ang PN so
nakabayad si Y sa 1st and 2nd. Pag 3rd and 4th wala nsad mubayad,
gikiha nasad, can defendant interpose the same defense? Not
anymore kay na resolve naman na.
- The doctrine laid down earlier continues to be binding between
the parties in relation to the same subject matter, even if lahi na
ang cause of action kay 3rd and 4th installment na man. Can no
longer be relitigated.
- Proceedings in rem v in personam
 in personam: If technical object is to establish a claim
against a person - binding between parties only,
successors-in-interest
 in rem - If object to bar indifferently all or the world from
 claiming interest over a property or subject matter –against
the whole world
 Ejectment – issue is possession de facto only. Does not resolve
with finality issue on ownership. One maybe owner, but one may
also possessed it in accordance to law. An order of ejectment
against lessee also affects the sublessee.
-example: gikiha ang nag possess sa balay dili siya tag-iya, maapil
diha ang tenant.

 Res Judicata in prision gray (double jeopardy): (1) No person shall

be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the
same act (Sec. 21, Art. III, Constitution).

- The requirements of double jeopardy are:

A defendant is in legal jeopardy when he was put to trial in the
following conditions:
a. in a court of competent jurisdiction
b. upon a valid complaint or information
c. after he has been arraigned
d. after he has pleaded to the information
(e) Case is dismissed or terminated without the express consent of
the accused - does not mean “over the objection of the accused” or
“against the will of the accused” ; mere silence or failure to object
(People vs. Bocar, 08/10/1985; Navallo vs. Sandiganbayan, 53
SCAD 294, 07/18/1994).

- Considered adjudication on the merits- double jeopardy

1. Dismissal of action by plaintiff with prejudice
2. Dismissal of action by order of the court
3. Dismissal of action due to the fault of plaintiff
4. Minute Resolution of the SC without findings of fact and
conclusions of law.
- There is Res Judicata or Bar by Prior Judgment:
 Identity of party litigants, subject matter, cause of action

- Rule on identity of parties, merely requires substantial.

- What is the test to determine identity of cause of action.
- If between co-parties – no res judicata. It only applies between
plaintiff and defendant) (between adverse parties of former suits),
but not co-parties kay wala pa man ma resolve ang issue nila.
Example: they won the case and received money; wala pa man na
determine if pila ila share so no res judicata yet.
- Note: as to cross-claim – defendant vs co-defendant; (based on
jurisprudence); Plaintiff vs co-plaintiff – dili na pwede ang cross-
claim between them.
- If you voluntarily submitted yourself to court’s jurisdiction, ma bound
ka ana (by compromise). Mao ayaw pag apil apil kon wakay labot.
- Forcible Entry/Unlawful Detainer: Only conclusive only as to
possession not ownership

 Sec. 48. Effect of foreign judgments or final orders.

- No judicial notice on foreign judgments. Need to allege and prove
as a fact.
- You have to file action to enforce foreign judgment. No need to
review conclusions of facts and law kay di naman na mausab.
There is a presumption that foreign court which rendered the case
has jurisdiction. Just alleged and proved for that judgment to be
recognized. It becomes a question of fact.

Effects:
(a) In case of a judgment or final order upon a specific thing, the
judgment or final order is conclusive upon the title to the thing;
and
(b) In case of a judgment or final order against a person, the
judgment or final order is presumptive evidence of a right as
between the parties and their successors in interest by a
subsequent title.

- How to assail foreign judgments?

1. want of jurisdiction- Presumption: there is jurisdiction, but you
can assail it through presenting evidence. Presumption appkies only
after it has been alleged and proved. Unless siguro if the foreign
law is a general principles of law
2. want of notice to the parties – check if there was due process
3. Collusion
4. fraud, or clear mistake of law or fact

GR: Cannot enforce FJ

XPN: alleged and proved
Like divorce pwd na madawat diri sa Pilipinas.

 Rule 40: Appeals – MTC to RTC

- MTC Cebu City adto ragyud na sa RTC Cebu City. Not Mandaue.
 Sec. 2. When to appeal.
Time: within 15 days from judgment
- Two kinds of appeal:
1. Notice of Appeal – within 15 days after notice of the judgment or
final order.
2. Record of Appeal – within 30 days after notice of the judgment
or final order; do you have to fie notice of appeal? No. implied
na ang notice of appeal.

- The period of appeal shall be interrupted by a timely motion for

new trial or reconsideration. No motion for extension of time to file a
motion for new trial or reconsideration shall be allowed
 Sec. 3. How to appeal.
-when record on appeal required? Take note:
A record on appeal shall be required only in
a. special proceedings and
b. in other cases of multiple or separate appeals.
- Copies must be served to adverse party
 Sec. 4. Perfection of appeal; effect thereof.
 Sec. 5. Appellate court docket and other lawful fees.
 Sec. 6. Duty of the clerk of court.
- the clerk of court or the branch clerk of court of the lower court shall
transmit the original record or the record on appeal, together
with the transcripts and exhibits, which he shall certify as
complete, to the proper Regional Trial Court.
  Sec. 7. Procedure in the Regional Trial Court. Niabot na sa RTC
- Duty of the CoC of the Regional Trial Court = NOTIFY the
parties of such fact.
- Duty of the Appellant: submit a memorandum which shall briefly
discuss the errors imputed to the lower court, ALSO KNOWN AS
ASSIGNMENT OF ERRORS, + a copy of which shall be furnished
by him to the adverse party (note). Note: Failure of the appellant
to file a memorandum shall be a ground for dismissal of the appeal.
- Duty of Appellee: file his memorandum within fifteen (15) days
from receipt of the appellant’s memorandum
- Basis of RTC in deciding the appeal? on the basis of the entire
record of the proceedings had in the court of origin and such
memoranda as are filed.

 Sec. 8. Appeal from orders dismissing case without trial; lack of

jurisdiction.
a. If an appeal is taken from an order of the lower court dismissing
the case without a trial on the merits, the Regional Trial Court
may affirm or reverse it, as the case may be.
b. In case of affirmance and the ground of dismissal is lack of
jurisdiction over the subject matter, the Regional Trial Court, if it
has jurisdiction thereover, shall try the case on the merits as if
the case was originally filed with it.
c. In case of reversal, the case shall be remanded for further
proceedings.
d. If the case was tried on the merits by the lower court without
jurisdiction over the subject matter, the Regional Trial Court on
appeal shall not dismiss the case if it has original jurisdiction
thereof, but shall decide the case in accordance with the
preceding section, without prejudice to the admission of
amended pleadings and additional evidence in the interest of
justice.
(make a map on this)
 Sec. 9. Applicability of Rule 41.

RULE 41
APPEAL FROM THE REGIONAL TRIAL COURTS
 Section 1. Subject of appeal: Note what are those not subject to
appeal.
-remedy of party if dili allowed for appeal? File a special civil action
under Rule 65.
 Sec. 2. Modes of appeal.
(a) Ordinary appeal.- meaning decided by RTC.
GR: Notice of appeal only.
XPNS: special proceedings and other cases of multiple or
separate appeals where the law or these Rules so require. (the
record on appeal shall be filed and served in like manner.)

(b) Petition for review – meaning from cases decided by RTC to CA

-In accordance with Rule 42
(c) Appeal by certiorari/ petition for review on certiorari
GR: In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition
for review on certiorari in accordance with Rule 45.
 XPNS: Writ of Amparo, Habeas Data and Writ of Kalikasan
(new development ni, wala pa ni sa libro). Can be questions of
fact and law. (Rule 45 gihapon)

- Instances when record on appeal is required:

a. Appeal order of expropriation in action of imminent domain.
(what you question is the compensation amount, records
remain with lower court)
b. Order of Partition (waka musupak na co-owners mo but you
question the shares. So here, the records remain with lower
courts.
 Sec. 3. Period of ordinary appeal. Jurisdictional ang period. The
period of appeal shall be interrupted by a timely motion for
new trial or reconsideration. No motion for extension of time to
file a motion for new trial or reconsideration shall be allowed.
 Sec. 4. Appellate court docket and other lawful fees.
 Sec. 5. Notice of appeal.
 Sec. 6. Record on appeal; form and contents thereof.
- Material Data Rule: state gyud diha na “Appeal was filed on time.”
With the date of decision and receipt of such decision.
 Sec. 7. Approval of record on appeal. The adverse party may object
within five (5) days from receipt of a copy thereof the record on
appeal. DI na siya automatic.
-the court may direct the appellant to amend pwd pa ghapon ma
amend

 Sec. 9. Perfection of appeal; effect thereof.

GR:
a. appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of the appeals in due time
and the expiration of the time to appeal of the other parties.
b. In appeals by record on appeal, the court loses jurisdiction
only over the subject matter thereof upon the approval of the
records on appeal filed in due time and the expiration of the
time to appeal of the other parties.

XPNs: Residual Jurisdiction: In either case, prior to the

transmittal of the original record or the record on appeal, (take
note prior to transmittal of records gyud na huh) the court may
issue orders:

1. for the protection and preservation of the rights of the parties

which do not involve any matter litigated by the appeal,
2.approve compromises, permit appeals of indigent litigants, order
3. execution pending appeal in accordance with section 2 of Rule
39, and
4. allow withdrawal of appeal

 Sec. 10. Duty of clerk of court of the lower court upon perfection of
appeal.
 Sec. 11. Transcript. (not important na kayo)
Note: we have rule o gender sensitivity. Mugamit ka he/she. Dili nap
wd LGBT biay-biay.

 Sec. 13. Dismissal of appeal (si appealed court n ani). Prior to the
 transmittal of the original record or the record on appeal to the
appellate court, the trial court may motu proprio or on motion
dismiss the appeal. Take note sir lower court ang mo dismiss sa
appeal but limited ra for the below grounds and dapat prior to
transmittal of records.
- What grounds?
1. Filed out of time
2. Non-payment of docket fees or lawful on time
NOTE: Lower court cannot dismiss the case for being frivolous. Si
appellate court ra gyud na. Sa taas na e resolve kay self-serving
kayo if si RTC ra sad.

RULE 42
PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS
TO THE COURT OF APPEALS
 Section 1. How appeal taken; time for filing (RTC to CA)
 Sec. 2. Form and contents. (pinaka important na)
- MATERIAL DATA RULE: (b) indicate the specific material dates
showing that it was filed on time;
- ASSIGNMENT OF ERRORS: (c) set forth concisely a statement of
the matters involved, the issues raised, the specification of errors of
fact or law, or both, allegedly committed by the Regional Trial Court,
and the reasons or arguments relied upon for the allowance of the
appeal;
 Sec. 3. Effect of failure to comply with requirements.- sufficient
ground for the dismissal thereof.
 Sec. 4. Action on the petition.
- The CA may require the respondent to file a comment on the
petition, not a motion to dismiss or si CA mismo
- dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration.(dili ni mo file
si respondent huh)
 Sec. 5. Contents of comment
 Sec. 6. Due course. If the Court of Appeals finds prima facie that
the lower court has committed an error of fact or law that will
warrant a reversal or modification of the appealed decision, it may
accordingly give due course to the petition.
 Sec. 7. Elevation of record.
 Sec. 8. Perfection of appeal; effect thereof.
 Sec. 9. Submission for decision
RULE 43
APPEALS FROM THE COURT OF TAX APPEALS
AND QUASI-JUDICIAL AGENCIES
TO THE COURT OF APPEALS

 Section 1. Scope. From CTA and Quasi-Judicial Agencies to CA

-Take note of the agencies kay important ni

XPN: This Rule shall not apply to judgments or final orders

issued under the Labor Code of the Philippines.

 Sec. 3. Where to appeal. To CA gyud ni Rule 43- whether the

appeal involves questions of fact, of law, or mixed questions of fact
and law.
  Sec. 4. Period of appeal.
- Only one (1) motion for reconsideration shall be allowed.
 Sec. 5. How appeal taken
 Sec. 6. Contents of the petition. If imo g question is awards –
certified gyud na
 Sec. 7. Effect of failure to comply with requirements. - shall be
sufficient ground for the dismissal thereof.
 Sec. 8. Action on the petition
 Sec. 9. Contents of comment.
 Sec. 10. Due course.
 Sec. 11. Transmittal of record.
 Sec. 12. Effect of appeal. (important ni do not forget)
- The appeal shall not stay the award, judgment, final order or
resolution sought to be reviewed unless the Court of Appeals shall
direct otherwise upon such terms as it may deem just.
 Sec. 13. Submission for decision. CA may set the case for oral
argument or Memoranda

RULE 44
ORDINARY APPEALED CASES
 Sec 1- 11 (read codals)
 Sec. 12. Extension of time for filing briefs.chanrobles virtual law
library
Extension of time for the filing of briefs will not be allowed, except
for good and sufficient cause, and only if the motion for extension
is filed before the expiration of the time sought to be extended.

 Sec 13:
GR: Assignment of errors by appellant is necessary (without
specific assignment ground for dismissal)
XPNS: if the purpose is to have the judgment modified or reversed;
appellee cannot obtain relief, unless he has also obtained appeal
from the judgment. (wa ko ka gets, review ni)
 Sec. 15. Questions that may be raised on appeal- any question of
law or fact that has been raised in the court below and which is
within the issues framed by the parties.

RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

 Sec 1: Appeal by Certiorari: Filing of petition with Supreme Court.

GR: raise only questions of law which must be distinctly set forth.
XPNs; Amparo, Habeas Data, Kalikasan (questions of law or fact,
or both)

 Who may file?

- Court of Appeals,
- the Sandiganbayan,
- the Regional Trial Court or
- other courts whenever authorized by law
 Sec 2- 4 (codals)
 Sec. 5. When SC Dismiss or deny petition.
 Sec. 6. Review discretionary. (dili obligated ang SC to review civil,
not a matter of right ni) granted only when there are special and
important reasons therefor.
 XPN: Criminal cases – e review gyud na
 Sec. 7. Pleadings and documents that may be required; sanctions.
- Note: only pleadings allowed in the RoC or required by courts are
allowed.
 Sec. 8. Due course; elevation of records.
 Sec. 9. Rule applicable to both civil and criminal cases.

RULE 46
ORIGINAL CASES
 Sec 1: Title
- Filed with CA ni originally
 Sec 4: How will CA obtain jurisdiction over the person of the
respondent? Diba if lower court via Summons man. If CA, by the
service on him of its order or resolution indicating its initial
action on the petition or by his voluntary submission to such
jurisdiction.
 Sec. 5. Action by the court.
 Sec. 7. Effect of failure to file comment- the case may be decided
on the basis of the record, without prejudice to any
disciplinary action which the court may take against the
disobedient party.

Rule 47 very important (next meeting)

Prefi Sunday: Summary Judgment up to Appeal

RULE 47
ANNULMENT OF JUDGMENTS
OR FINAL ORDERS AND RESOLUTIONS
11/9/2021  Assignment of error by appellee not necessary
Lara’s Gift vs Phil Insurance

CASES
G.R. Nos. 230429-30, "no evidence shall be allowed to be presented and offered during the trial in
January 24, 2018 support of a party's evidence-in-chief other than those that had been earlier
identified and pre-marked during the pre-trial, except if allowed by the Court
LARA'S GIFT AND for good cause shown."
DECORS, INC.,
Petitioner, v. PNB
GENERAL INSURERS
CO., INC. AND UCPB
GENERAL
INSURANCE CO., INC.,
Respondents.
GR No. 206841
ISSUE: Go raises the sole issue of whether the assailed RTC Decision
is void for having no basis in fact and in law as regards his civil liability
to East Oceanic

Tbe Petition is impressed with merit.

The Constitution expressly provides that "'[n]o decision shall be rendered by

any court without expressing therein clearly and distinctly the facts and the
law on which it is based. No petition for review or motion for reconsideration
 of a decision of the court shall be refused due course or denied without
stating the basis therefor.''29

In Yao v. Court of Appeals,32 the Court emphasized that '"[t]he parties to a

litigation should be informed of how .it was decided, with an explanation
of the factual and legal reasons that led to the conclusions of the
court,"

 During the pre-trial conference, you are going to make the exhibits
and other documents and evidence.
 Guidelines in Pre-Trial
Start Listening: 147:46 The Issue

The principal issue before this Court is whether or not the R TC correctly
G.R. No. 231116 ordered the cancellation of Decree No. 99500, the re-issuance thereof, and
the issuance of the corresponding Original Certificate of Title covering Lot
No. 922.
REPUBLIC OF THE
PHILIPPINES, Petition At the threshold, settled is the rule that prescription cannot be raised for the
er first time on appeal;23 the general rule being that the appellate court is not
vs. authorized to consider and resolve any question not properly raised in the
CLARO YAP, courts below.
Respondent
 Prescription must be alleged, otherwise it cannot be a ground for
dismissal. Murag naa ni exception kadto about legal separation.
G.R. No. 200401 CIAC was created under Executive Order No. 100892 to establish an
arbitral machinery that will settle expeditiously problems arising from, or
METRO RAIL TRANSIT connected with, contracts in the construction industry. 93
DEVELOPMENT
CORPORATION, Its jurisdiction includes construction disputes between or among parties to
Petitioner an arbitration agreement, or those who are otherwise bound by the latter,
vs. directly or by reference. 94 Thus, any project owner, contractor,
GAMMON subcontractor, fabricator, or project manager of a construction project who is
PHILIPPINES, INC., bound by an arbitration agreement in a construction contract is under
Respondent CIAC's jurisdiction in case of any dispute.

CIAC exercises quasi-judicial powers over arbitration disputes

concerning construction contracts. 
G.R. No. 211876, June The CA and the RTC misapplied the case of SBMA
25, 2018
In SBMA,34 we dealt with the following issues: (1) which court has the
ASIAN TERMINALS, exclusive original jurisdiction over seizure and forfeiture proceedings; and
INC., Petitioner, v. (2) the propriety of the issuance by the RTC of a Temporary Restraining
PADOSON STAINLESS Order against the BOC. In ruling that it is the BOC, and not the RTC, which
STEEL has exclusive original jurisdiction over seizure and forfeiture of the subject
CORPORATION, shipment, this Court explained that:
Respondent.
The Collector of Customs sitting in seizure and forfeiture proceedings has
exclusive jurisdiction to hear and determine all questions touching on the
seizure and forfeiture of dutiable goods. Regional trial courts are devoid of
any competence to pass upon the validity or regularity of seizure and
forfeiture proceedings conducted by the BOC and to enjoin or otherwise
interfere with these proceedings.

[T]he rule is that from the moment imported goods are actually in the
possession or control of the Customs authorities, even if no warrant for
 seizure or detention had previously been issued by the Collector of Customs
in connection with the seizure and forfeiture proceedings, the BOC acquires
exclusive jurisdiction over such imported goods for the purpose of enforcing
the customs laws, subject to appeal to the Court of Tax Appeals whose
decisions are appealable to this Court. x x x.35 (Citations omitted and
emphasis ours

Mura na sila RTC basta in seizure and forfeiture of goods.

G.R. No. 194262 Annulment of judgment, as provided for in Rule 47, is based only on the
grounds of extrinsic fraud and lack of jurisdiction. Jurisprudence, however,
BOBIE ROSE D. V. recognizes lack of due process as an additional ground to annul a
FRIAS, as represented judgment.66 It is a recourse that presupposes the filing of a separate and
by MARIE REGINE F. original action for the purpose of annulling or avoiding a decision in another
FUJITRA, Petitioner case. Annulment is a remedy in law independent of the case where the
vs. judgment sought to be annulled is rendered.67 It is unlike a motion for
ROLANDO F. reconsideration, appeal or even a petition for relief from judgment, because
ALCAYDE, Respondent annulment is not a continuation or progression of the same case, as in fact
the case it seeks to annul is already final and executor. Rather, it is an
extraordinary remedy that is equitable in character and is permitted only in
exceptional cases.68

Annulment of judgment involves the exercise of original jurisdiction, as

expressly conferred on the CA by Batas Pambansa Bilang (BP Blg.) 129,
Section 9(2). It also implies power by a superior court over a subordinate
one, as provided for in Rule 47, wherein the appellate court may annul a
decision of the regional trial court, or the latter court may annul a decision of
the municipal or metropolitan trial court.69

For purposes of summons, this Court holds that the nature of a petition for
annulment of judgment is in personam, on the basis of the following
reasons:
First, a petition for annulment of judgment is an original action, which is
separate, distinct and independent of the case where the judgment
sought to be annulled is rendered.

It is not a continuation or progression of the same case. Thus,

regardless of the nature of the original action in the decision sought to
be annulled, be it in personam, in rem or quasi in rem, the respondent
should be duly notified of the petition seeking to annul the court’s
decision over which the respondent has a direct or indirect interest.

 Special appearance to question a court's jurisdiction is not voluntary

appearance

Missed one case here

na part.
LOURDES  An appeal erroneously taken to the Court of Appeals shall not be
VALDERAMA, transferred to the appropriate court but shall be dismissed
PETITIONER, VS. outright.
SONIA ARGUELLES
AND LORNA - Remedy? Refile
ARGUELLES,  An adverse claim and a notice of lis pendens under P.D. 1529 are
RESPONDENTS. not of the same nature and do not serve the same purpose.
-adverse claim must be annotated.
DECISION
 Also, in the case of Teresita Rosal Arrazola v. Pedro A. Bernas and
Soledad Bernas Alivio,[36] the Court explained:
 The purpose of annotating the adverse claim on the title of the
disputed land is to apprise third persons that there is a controversy
over the ownership of the land and to preserve and protect the right
of the adverse claimant during the pendency of the controversy. It is
a notice to third persons that any transaction regarding the disputed
land is subject to the outcome of the dispute.
 Jurisprudence further provides in the case of Fernando Carrascoso,
Jr. v. The Hon. Court of Appeals[39] that:
 The doctrine of lis pendens is founded upon reason of public policy
and necessity, the purpose of which is to keep the subject matter of
the litigation within the power of the court until the judgment or
decree shall have been entered otherwise by successive alienations
pending the litigation, its judgment or decree shall be rendered
abortive and impossible of execution.
 As distinguished from an adverse claim, the notice of lis pendens is
ordinarily recorded without the intervention of the court where the
action is pending.
 [ G.R. No.  Here, The RTC did not acquire jurisdiction over the person of Gos
236075, because of invalid service of summons.
November 05,  As explained in the case of Manotoc:
2018 ]  X x x. For substituted service of summons to be accepted, there
must be several attempts by the sheriff to personally serve the
summons within a reasonable period [of one month] which
eventually resulted in failure to prove impossibility of prompt
service. Several attempts means at least three (3) tries, preferably
on at least two different dates. In addition, the sheriff must cite why
such efforts were unsuccessful. It is only then that impossibility of
service can be confirmed or accepted..
 Moreso, there are two (2) requirements for substituted service of
summons to be available under the Rules[37]: (1) recipient must be
a person of suitable age and discretion; and (2) recipient must
reside in the house or residence of defendant.
 A person of suitable age and discretion is one who has attained the
age of full legal capacity (18 years old) and is considered to have
enough discernment to understand the importance of a summons.
Discretion is defined as the ability to make decisions which
represent a responsible choice and for which an understanding of
what is lawful, right or wise may be presupposed.
 Thus, the person must have the relation of confidence to the
defendant, ensuring that the latter would receive or at least be
notified of the receipt of the summons.
 Gos and Multi-Realty are not barred by laches.
- A judgment rendered without jurisdiction over the subject
matter is void. In the same way, no laches will even attach when
the judgment is null and void for want of jurisdiction
G.R. No. 234448,  Grave abuse of discretion as a ground for review does not only
November 06, 2018 appear under Rule 65 of the Rules of Court but also under
Section 1,48 Article VIII of the Constitution defining judicial
PRIVATE HOSPITALS power.
ASSOCIATION OF THE  As expressly granted by the Constitution, the Court's expanded
PHILIPPINES, INC. jurisdiction when invoked permits a review of acts not only by a
(PHAPI) tribunal, board or officer exercising judicial, quasi-judicial or
REPRESENTED BY ministerial functions, but also by any branch or instrumentality
ITS PRESIDENT, DR. of the Government.
RUSTICO JIMENEZ,  Under Rule 65 grave abuse of discretion. Kins man nag grave
Petitioner, v. HON. abuse Board Tribunal or officer exercising ministerial functions.
SALVADOR Under art 8 of the Constitution, wala na siya – only includes grave
MEDIALDEA, abuse by an officer of the government.
EXECUTIVE  Rule 65 vs Art 8 Constitution
SECRETARY, AND  Principle of Hierarchy of Courts: Pwede ka muditso sa SC under
THE ACTING exceptions.
SECRETARY OF  Actual case and controversy
DEPARTMENT OF  Legal standing know these terms
HEALTH
XPN: Legal standing
1. Overbreadth doctrine
2 taxpayer’s suit
3. Doctrine of transcendental importance
4. 3rd party standing. (remember White lies case? Nikiha ang hotel
in behalf of customers. Allowed by SC)
G.R. No. 223451, March Petitioner's statements in media interviews are not covered by the
14, 2018 parliamentary speech or debate" privilege

ANTONIO F.  Petitioner admits that he uttered the questioned statements,

TRILLANES IV, describing private respondent as former VP Binay's "front" or
Petitioner, v. HON. "dummy" in connection with the so-called Hacienda Binay, in
EVANGELINE C. response to media interviews during gaps and breaks in plenary
CASTILLO- and committee hearings in the Senate.44
MARIGOMEN, IN HER
CAPACITY AS  In stating that those things "in no wise related to the due functioning
PRESIDING JUDGE OF of the legislative process" were not covered by the privilege, the
THE REGIONAL TRIAL Court did not in any sense imply as a corollary that everything that
COURT, QUEZON "related" to the office of a Member was shielded by the Clause.
CITY, BRANCH 101 Quite the contrary, in Johnson we held, citing Kilbourn v.
AND ANTONIO L. TIU, Thompson, supra, that only acts generally done in the course of the
Respondents. process of enacting legislation were protected.
Missed one case here
G.R. No. 208213, Notably, in De La Paz v. CA,58 the plaintiff, who had been directed by final
August 08, 2018 judgment to pay additional docket fees, amended his complaint to reduce
his claims and accommodate his finances for the payment of said fees. The
Court allowed the amendment, made two (2) years after the final judgment
and beyond the alleged prescriptive period for his claim.

Mu award ang court pero pabayron gihapon ka dditional docket fees sa

court.
G.R. No. 197514, The Court's disquisition in Montefalcon, et al. vs. Vasquez40 is telling:
August 06, 2018 x x x A plaintiff is merely required to know the defendant's residence, office
or regular business place. He need not know where a resident defendant
RAMON R. actually is at the very moment of filing suit.
VILLARAMA, Petitioner,
v. CRISANTOMAS D. He is not even duty-bound to ensure that the person upon whom
GUNO service was actually made delivers the summons to the defendant or
informs him about it. The law presumes that for him. It is immaterial that
defendant does not receive actual notice.

 Meaning if substituted service gibilin sa residence, tried 3 times and

naay nakadawat 23 year old daughter but th diaghter did not give
the complaint to thye father. Was it duly served?
- Yes. No need to prove na nahatag gyud. The law presumes that for
 him. It is immaterial that defendant does not receive actual notice.

G.R. No. 192285 2018  An action for annulment of judgment is a remedy in law independent
of the case where the judgment sought to be annulled is rendered.
45 The ultimate objective of the remedy is "to undo or set aside the
judgment or final order, and thereby grant to the petitioner an
opportunity to prosecute his cause or to ventilate his defense."46
The remedy is provided by Section 1 of Rule 47 of the Rules of
Court:

 In Pinausukan Seafood House, Roxas Boulevard, Inc. v. Far East

Bank & Trust Company,49 we said that owing to the extraordinary
nature and objective of the remedy of annulment of judgment or
final order, there are requirements that must be complied with
before the remedy is granted.

1. First, the remedy is only available when the petitioner can no

longer resort to the ordinary remedies of new trial, appeal,
petition for relief, or other appropriate remedies through no fault
of the petitioner.
2. Second, the ground for the remedy is limited to either extrinsic
fraud or lack of jurisdiction (although lack of due process has
been cited as a ground by jurisprudence).
3. Third, the time for availing the remedy is set by the rules: if
based on extrinsic fraud, it must be filed within four years from
the discovery of extrinsic fraud; if based on lack of jurisdiction, it
must be brought before it is barred by laches or estoppel.
4. Fourth, the petition should be verified and should allege with
particularity the facts and law relied upon, and those supporting
the petitioner's good and substantial cause of action or defense.
 Might be asked what are the requisites of the remedy of annulment
of judgment.
 The proper party to file a petition for annulment of judgment or final
order need not be a party to the judgment sought to be annulled.
Nevertheless, it is essential that he is able to prove by
preponderance of evidence that he is adversely affected by the
judgment.
-bisan pa wala siya labot sa case, but if ma prejudice siya, he can
file annulment

 A person not adversely affected by a decision in the civil action or

proceeding cannot bring an action for annulment of judgment under
Rule 47 of the Rules of Court. The exception is if he is a successor
in interest by title subsequent to the commencement of the action,
or if the action or proceeding is in rem, in which case the judgment
is binding against him.
 In Bulawan v. Aquende,53 we held that assuming that the petitioner
is not an indispensable party to the case that is being annulled, he
may still file for a petition for annulment of judgment
 In this regard, there is another reason that militates against
petitioners. The remedy of annulment of judgment is a remedy in
equity so exceptional in nature that it may only be availed of when
the ordinary or other appropriate remedies provided by law are
wanting without fault or neglect on the petitioner's part.
 In Sy v. Discaya, we recognized the right of a third-party claimant
to file an independent action to vindicate his claim of
 ownership over the properties seized under Section 16, Rule 39
of the Rules of Court.
 As we pointed out in Sy, a "proper action" is entirely "distinct
and separate from that in which the judgment is being
enforced, with the court of competent jurisdiction."
 Such a "proper action" may have for its object the recovery of
ownership or possession of the property seized by the sheriff, as
well as damages from the allegedly wrongful seizure and detention
of the property.
 This determination of ownership is not the proper subject of an
action for annulment of judgment.

G.R. No. 237428  Certiorari vs Impeachment (eask possibly sa poli and rem)
 The OSG adds that the issue of whether respondent is a person of
REPUBLIC of the proven integrity is justiciable considering that the decision-making
PHILIPPINES, powers of the JBC are limited by judicially discoverable standards.
represented by  As the Court pointed out in its Decision, this is not the first time the
SOLICITOR GENERAL Court took cognizance of a quo warranto petition against an
JOSE C. CALIDA, impeachable officer.
Petitioner  Quo warranto and impeachment are two distinct proceedings,
vs. although both may result in the ouster of a public officer. Strictly
MARIA LOURDES P.A. speaking, quo warranto grants the relief of “ouster”, while
SERENO, Respondent impeachment affords “removal.” (mugawas sa exam)
 A quo warranto proceeding is the proper legal remedy to determine
a person's right or title to a public office and to oust the holder from
its enjoyment. So, wala siya ay integrity. IF wala ka integrity, wala
unta ka dawata as CJ of SC.
 The title to a public office may not be contested except directly, by
quo warranto proceedings; and it cannot be assailed collaterally,
even through mandamus or a motion to annul or set aside order.
 Furthermore, impeachment was designed as a mechanism "to
check abuse of power."
 SLAPP suit. If you file an environmental case, and someone would
file robbery, forcible entry or anything.
 If you believe that the countercharge against you is a SLAPP. You
can ask the court to stop the SLAPP. Mu apply only sa
environmental cases.
 In this case, the woman file VAW-C. Then the husband ning refile.
Ni invoke si girl ug SLAPP. Di na Pwede
G.R. No. 180845, As a general rule, a reorganization is carried out in "good faith" if it is for the
November 22, 2017 purpose of economy or to make bureaucracy more efficient. In that event no
dismissal or separation actually occurs because the position itself ceases to
GOV. AURORA E. exist. And in that case the security of tenure would not be a Chinese wall.
CERILLES, Petitioner, Be that as it may, if the abolition which is nothing else but a separation or
v. CIVIL SERVICE removal, is done for political reason or purposely to defeat security of
COMMISSION, tenure, or otherwise not in good faith, no valid abolition takes place and
whatever abolition is done is void ab initio. There is an invalid abolition as
where there is merely a change of nomenclature of positions or where
claims of economy are belied by the existence of ample funds.
G.R. No. 220506, The Court finds no merit in the petition.
January 18, 2017
To begin with, the petitioners failed to append the required affidavit of
C.I.C.M. MISSION service. The rule is, such affidavit is essential to due process and the
SEMINARIES orderly administration of justice even if it is used merely as proof that
(MARYHURST, service has been made on the other party.16 The utter disregard of this
MARYHEIGHTS, requirement as held in a catena of cases cannot be justified by harking to
MARYSHORE AND substantial justice and the policy of liberal construction of the Rules. Indeed,
MARYHILL) SCHOOL technical rules of procedure are not meant to frustrate the ends of justice.
OF THEOLOGY, INC., Rather, they serve to effect the proper and orderly disposition of cases and,
FR. ROMEO NIMEZ, thus, effectively prevent the clogging of court dockets.17 Thus, in Ferrer v.
CICM, Petitioners, v. Villanueva,18 the Court held that petitioner's failure to append the proof of
MARIA VERONICA C. service to his petition for certiorari was a fatal defect
PEREZ,
G.R. No. 212376, The Doctrine of Non-Suability of State insulates the DPWH, a governmental
January 31, 2017 entity, from claims of damages.

Ingon ang Marcos, dugay na ni. So nag walay genuine issue ang answer
nila. Na subject ug Summary Judgment.
G.R. No. 211010, March  Accordingly, the Petitioners seek to compel: (a) the public
07, 2017 respondents to: (1) implement the Road Sharing Principle in all
roads; (2) divide all roads lengthwise, one-half (1/2) for all-weather
SEGOVIA sidewalk and bicycling, the other half for Filipino-made transport
vehicles; (3) submit a time-bound action plan to implement the
Road Sharing Principle throughout the country; (b) the Office of the
President, Cabinet officials and public employees of Cabinet
members to reduce their fuel consumption by fifty percent (50%)
and to take public transportation fifty percent (50%) of the time; (c)
Public respondent DPWH to demarcate and delineate the road
right-of-way in all roads and sidewalks; and (d) Public respondent
DBM to instantly release funds for Road Users' Tax.
 Writ of Kalikasan vs Writ of Continuing Mandamus
 SC: Cannot be compelled by Mandamus.
We find that the petitioners failed to establish the requisites for
the issuance of the writs prayed for.

For a writ of kalikasan to issue, the following requisites must

concur:

1. there is an actual or threatened violation of the

constitutional right to a balanced and healthful ecology;

2. the actual or threatened violation arises from an

unlawful act or omission of a public official or employee,
or private individual or entity; and

3. the actual or threatened violation involves or will lead to

an environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in
two or more cities or provinces.34

It is well-settled that a party claiming the privilege for the

issuance of a writ of kalikasan has to show that a law, rule or
regulation was violated or would be violated. 35

RULES 8

WRIT OF CONTINUING MANDAMUS

 SECTION 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or
violation of an environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such right and
there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty, attaching thereto supporting
evidence, specifying that the petition concerns an environmental law, rule or
regulation, and praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is fully satisfied,
and to pay damages sustained by the petitioner by reason of the malicious
neglect to perform the duties of the respondent, under the law, rules or
regulations. The petition shall also contain a sworn certification of non-forum
shopping.

First, the petitioners failed to prove direct or personal injury arising

from acts attributable to the respondents to be entitled to the writ.
While the requirements of standing had been liberalized in environmental
cases, the general rule of real party-in-interest applies to a petition for
continuing mandamus.41

Second, the Road Sharing Principle is precisely as it is denominated a

principle. It cannot be considered an absolute imposition to encroach upon
the province of public respondents to determine the manner by which this
principle is applied or considered in their policy decisions.

Mandamus lies to compel the performance of duties that are purely

ministerial in nature, not those that are discretionary, and the official
can only be directed by mandamus to act but not to act one way or the
other. The duty being enjoined in mandamus must be one according to the
terms provided in the law itself. Thus, the recognized rule is that, in the
performance of an official duty or act involving discretion, the corresponding
official can only be directed by mandamus to act, but not to act one way or
the other.43
G.R. No. 195450,  Residual jurisdiction refers to the authority of the trial court to issue
February 01, 2017 orders for the protection and preservation of the rights of the parties
which do not involve any matter litigated by the appeal;
 NOTE: before transmittal of records to appellate court. Dapat naa
pa gyud ang record sa lower court
G.R. No. 189881  Annulment of Judgment
 In Pinausukan Seafood House v. Far East Bank & Trust
BACLARAN Company,37 we held that "[g]iven the extraordinary nature and the
MARKETING objective of the remedy of annulment of judgment or final order,"38
CORPORATION, a petitioner must comply with the statutory requirements as set forth
Petitioner, under Rule 47. These are:
vs.
FERNANDO C. NIEVA (1) The remedy is available only when the petitioner can no longer
and MAMERTO resort to the ordinary remedies of new trial, appeal, petition for relief
SIBULO, JR., or other appropriate remedies through no fault of the petitioner;
Respondents (2) The grounds for the action of annulment of judgment are limited to either
extrinsic fraud or lack of jurisdiction;
(3) The action must be filed within four years from the discovery of the
extrinsic fraud; and if based on lack of jurisdiction, must be brought before it
is barred by laches or estoppel; and
 (4) The petition must be verified, and should allege with particularity the
facts and the law relied upon for annulment, as well as those supporting the
petitioner's good and substantial cause of action or defense, as the case
may be.

BMC's petition for annulment of judgment fails to meet the first and second
requisites.

 In Guiang v. Co,  we declared that an auction sale and a writ of

43

execution are not final orders. Thus, they cannot be nullified

through an action for annulment of judgment, to wit:

 It bears stressing that Rule 47 of the Rules of Civil Procedure

applies only to a petition to annul a judgment or final order and
resolution in civil actions, on the ground of extrinsic fraud or lack
of jurisdiction or due process. A final order or resolution is one
which is issued by a court which disposes of the subject matter
in its entirety or terminates a particular proceeding or action,
leaving nothing else to be done but to enforce by execution what
has been determined by the court. The rule does not apply to
an action to annul the levy and sale at public auction of
petitioner's properties or the certificate of sale executed by
the deputy sheriff over said properties. Neither does it apply
to an action to nullify a writ of execution because a writ of
execution is not a final order or resolution, but is issued to
carry out the mandate of the court in the enforcement of a
final order or of a judgment. It is a judicial process to
enforce a final order or judgment against the losing party.

 In Pinausukan, we held that a lawyer's neglect in keeping

track of the case and his failure to apprise his client of the
developments of the case do not constitute extrinsic fraud.
Fraud is not extrinsic if the alleged fraudulent act was committed
by petitioner's own counsel. The fraud must emanate from the
act of the adverse party and must be of such nature as to
deprive petitioner of its day in court. 52 Thus, in many cases, we
have held that a lawyer's mistake or gross negligence does not
amount to extrinsic fraud that would grant a petition for
annulment of judgment.

-Well, you are bound by the negligence by the petitioner’s own

counsel. That’s intrinsic. The fraud must emanate from the act of
adverse party to be considered extrinsic.

XPNS: client is deprived of life. Liberty or property. Dili na sya

mabound

G.R. No. 213948  The Issue: The issues raised by the parties can be summed up into
one main point: Can the Court issue a writ of mandamus against the
KNIGHTS OF RIZAL, officials of the City of Manila to stop the construction of DMCI-PDI's
Petitioner. Torre de Manila project?
vs.
DMCI HOMES, INC.,  The Court's Ruling: The petition for mandamus lacks merit and must
DMCI PROJECT be dismissed. There is no law prohibiting the construction of the
DEVELOPERS, INC., Torre de Manila.
CITY OF MANILA,
NATIONAL  Prohac vice means a specific decision does not constitute a
COMMISSION FOR precedent because the decision is for the specific case only,
CULTURE AND THE not to be followed in other cases. A prohac vice decision violates
ARTS, NATIONAL statutory law - Article 8 of the Civil Code - which states that "judicial
HISTORICAL decisions applying or interpreting the laws or the Constitution shall
COMMISSION OF THE form part of the legal system of the Philippines." The decision of the
PHILIPPINES, Court in this case cannot be prohac vice because by mandate bf the
law everydecision of the Court forms part of the legal system of the
Philippines. If another case comes up with the same facts as the
present case, that case must be decided in the same way as this
case to comply with the constitutional mandate of equal protection
of the law. Thus, a prohac vice decision also violates the equal
protection clause of the Constitution.
 Refusal to look for a job do not constitute psychological incapacity.
(See naay updated case ani)
 Good shepherd foundation is not exempt from legal and filing fees
granted to indigent litigants. It is a juridical personality.
 The power of the court to render a judgment or subject the parties
to a particular action is an element of due process that is essential
in all actions civil as well as criminal. XPN: action in rem or quasi in
rem
 A partner must be separately impleaded before he can be bound y
a judgment . Although partnership I based on delictus personae, it is
known sequitur that a suit against a partnership it does not follow
that suit na against the partners. Dili mabira nag property sa partner
kay dili man siya individually pleaded. Partner is a juridical entity
with separate personality.
 A decision rendered in a civil action does not rpjudice a person not
impleaded therein. Ang partner not a party to the suit against the
partnership.
 The court held that it was the partnership not its partners should be
impleaded. The prtners could not be held liable for the obligations of
the partnership. XPN: Legal fiction is used to cloud illegal purposes.
 GR: Partner must first be impleaded.
G.R. No. 198172  Procedural issue: Lack of notarial seal on the Verification and
Certification against Forum Shopping is not fatal to the
REGULUS petition.
DEVELOPMENT, INC.,  Nevertheless, a defect in the verification does not necessarily
Petitioner, render the pleading fatally defective. The court may order its
vs. submission or correction, or act on the pleading if the attending
ANTONIO DELA CRUZ, circumstances are such that strict compliance with the Rule may be
Respondent. dispensed with in order that the ends of justice may be served.
- Pasilyohan ra, dili e dismiss.
 Noncompliance or a defect in a certification against forum shopping,
unlike in the case of a verification, is generally not curable by its
subsequent submission or correction, unless the covering Rule is
relaxed on the ground of "substantial compliance" or based on the
presence of "special circumstances or compelling reasons."36
Although the submission of a certificate against forum shopping is
deemed obligatory, it is not however jurisdictional.
 The rule is that courts should not be unduly strict on procedural
lapses that do not really impair the proper administration of justice.
  Equity jurisdiction versus appellate jurisdiction of the RTC:
The appellate jurisdiction of courts is conferred by law. The
appellate court acquires jurisdiction over the subject matter
and parties when an appeal is perfected.42

 On the other hand, equity jurisdiction aims to provide

complete justice in cases where a court of law is unable to
adapt its judgments to the special circumstances of a case
because of a resulting legal inflexibility when the law is
applied to a given situation. The purpose of the exercise of
equity jurisdiction, among others, is to prevent unjust
enrichment and to ensure restitution.
 No Forum shopping when parties did not resort to multiple remedies
 Rule of Lenity
G.R. No. 204970  If involves land or real property, state gyud assessed value.
 If di nimo e state, no court can acquire jurisdiction kay mag base
SPOUSES CLAUDIO bayan a sa amount.
and CARMENCITA  Can you amend it instead? Dili na pwede. Jurisdictional man na.
TRAYVILLA, Petitioners You cannot file a motion to amend. So the court’s jurisidtcion is only
vs. to dismiss the case.
BERNARDO SEJAS  The CA is correct in its general observation that in the absence
and JUVY of the required declaration of the fair market value as stated in
PAGLINAWAN, the current tax declaration or zonal valuation of the property, it
represented by JESSIE cannot be determined whether the RTC or first level court has
PAGLINAWAN, original and exclusive jurisdiction over the petitioners’ action,
Respondents. since the jurisdiction of these courts is determined on the basis of
the value of the property.
-