Professional Documents
Culture Documents
Course Outline
1. Introduction
1.1. Batas Pambansa 129 as amended
1.2. Courts and their jurisdiction
La Naval Drug Corp v CA 236 S 78
Atwel v Concepcion Progressive Asso Inc GR 169370 April 14, 2008
Figueroa v People GR 147406 July 14, 2008
1.3. How jurisdiction is obtained and exercised:
over persons
over subject matter
over res
1.4. Doctrine of primary jurisdiction
Samar II Electric Cooperative Inc v Seludo Jr 671 S 78
Rule when some but not all defendants filed responsive pleading
When issues joined, substantial amendments discretionary and subject to
therule that the cause of action is not substantially changed or the theory
altered
Planters Development Bank v LZK Holdings & Development
Co. 456 S 366
Young v Sy 503 S 151 (2006)
PPA v WG&A GR 158401 January 28, 2008
Amendment of the pleadings to conform to evidence presented during trial is
allowed:
when issues not raised by the pleadings are tried with the consent of
the parties
when, even if objected to, the court is satisfied no prejudice will befall
the objecting party
Supplemental pleadings not a matter of right
Leobrera v CA 170 S 711 (1989)
Effect of amended pleadings
supersedes original pleading
as a consequence, judicial admissions made in original pleadings need
to be offered in evidence.
Read Director of Lands v CA, 196 S 94
Dionisio v Linsangan GR 178159 March 2, 2011
3.5. Responsive pleadings
What is responsive pleading
Answer Judicial admissions binding on party
Read Santos v Lumbao 519 S 408 (2007)
Answer Judicial admissions NOT binding on party
Read Gardner v CA 131 S 585
When to file?
o San Pedro Cineplex v Heirs of Enano GR 190754 November
17, 2010
Bill of particulars, motion to dismiss interrupt period to file responsive
pleading
Compulsory counterclaim or cross-claim should be set up in responsive
pleading. However, it may be set up anytime thereafter (but before
judgment) if omitted through oversight, inadvertence or excusable
negligence
3.12.
Discovery
Compulsory process wherein litigants are forced, by court rules or orders,
to disgorge private information to adverse party
Purpose of discovery is to obtain knowledge of material facts within the
knowledge of the adverse party or of third parties; obtain admissions from
adverse parties and to inspect relevant documents, objects and property.
What are discoverable?
Limitations on discoverability
Modes of discovery
Deposition
function
when may be availed of
Pajarilla v CA 570 S 347 (2008)
de bene esse (pending action)
perpetuam rei memoriam (prior to action)
who do you depose
Interrogatories to parties
effect of failure to serve written interrogatories
Requests for admission
Sime Darby Employees Association v NLRC 510 S 204
Production and inspection of things
Examination of persons
Read
3.13. Trial
9
Order of trial
Reverse trial when complaint is admitted
Read Yu v Magpayo 44 S 163
Reverse trial also in criminal cases
When trial dispensed with; Absence of Party
o Republic v Vda de Neri GR 139588 March 4, 2008
o Sps Calo v Sps Tan GR 151266 November 29, 2005
3.14.
Consolidation
Test is common questions of fact or of law
Active v CA, 181 S 774
Superlines v Victor, 124 S 939
Steel Corporation of the Philippines v Equitable PCI Bank 635 S
403
Deutsche Bank AG vs Court of Appeals 667 S 82
Producers Bank of the Philippines v Excelsa Industries 669 S 470
Teston v DBP GR 144374 November 11, 2005
Gregorio Espinoza v UOB GR 175380 March 22, 2010
consolidation of civil and criminal cases
consolidation of cases on appeal
3.15.
Demurrer to Evidence
Concept of demurrer
Effect of denial or grant of demurrer to evidence
Nepomuceno v Comelec, 126 S 472
Radiowealth v Sps Del Rosario GR 138739 July 6, 2000
Casent Realty v Phil Banking GR 150731 September 14, 2007
10
3.17.
Summary Judgments
Distinguished from judgment on the pleadings
Vergara v Suelto 156 S 753
Diman v Alumbres, 299 S 459
Nocom v Camerino GR 182984 February 10, 2009
How motion for summary judgment is considered
Hearing on motion is only for determining whether issues are genuine
or not, not to receive evidence on the issues set up in the pleadings
motion is proven through affidavits, depositions and admissions
submitted by movant
Propriety of summary judgment
Natalia v Vallez, 173 S 536
Grand Farms v CA, 193 S 748
Monterey Foods Corp v Eserjose 410 S 627
Evangelista v Mercator Finance 409 S 410
Movant may be either party
3.18.
Judgments
Requirements
written and signed by judge
must contain findings of facts and law applied
must contain a dispositive portion
filed with the clerk of court
rendition reckoned from filing with clerk
must be served on parties
may be amended before finality upon motion or motu proprio
entry upon finality
entry determines prescriptive periods
final judgment not subject to amendment
separability of judgments
Velarde v SJS GR 159357 April 28, 2004
Miranda v CA 71 S 295
Republic v Nolasco 457 S 400
Briones-Vasquez v CA GR 144882 february 4, 2005
Navarro v Metropolitan Bank GR 165697/166484 August 4, 2009
11
3.19.
12
14
5. PROVISIONAL REMEDIES
5.1. Preliminary Attachment
Kinds of attachment
preliminary
garnishment
levy on execution
At what stage is preliminary attachment granted?
grounds for attachment exclusive
may be granted ex parte
Onate v Abrogar, 241 S 659
Davao Light & Water v CA, 204 S 343
Sievert v CA, 168 S 692
Carlos v Sandoval 471 S 266
Spouses Yu v Ngo Yee Te GR 155868
15
16
17
18
19