4.

Rule 3 Death of Parties

Sec 16 Death of Party; Duty of Counsel
(a) Whenever the party to a pending action dies it is the duty of the counsel of the deceased party to:
a. Inform the court within 30 days after such death of the fact thereof: and
b. Give the names and addresses of his legal representative/s.
When there is notice of death : the court shall await the appointment of a legal representative subsequent proceedings,
void.
No notice of death : case may continue and is binging on successors-in-interest. The failure of the counsel to comply shall
be a ground for disciplinary action.
Order of substitution and not the amendment of the pleading are the initial steps towards the substitution of the decease
by his representative or heir.
ACTIONS THAT SURIVIVE DEATH OF A PARTY:
1. Actions to recover real and personal property from the estate
2. Actions to enforce a lien thereon
3. Actions to recover damages for an injury to person or property
4. Non-Contractual Claims (Rule 86, Sec 7 and Rule 87, Sec 1)

Remedy: Apply Substitution

ACTIONS THAT DONT SURVIVE DEATH OF A PARTY:

Purely personal actions such as:
1. Support
2. Annulment of Marriage
3. Legal Separation
Remedy: Dismissal of the case
RULES ON CONTRACTUAL MONEY CLAIMS:
1. Dead Plaintiff:
- The case will proceed
2. Dead Defendant:
(a) Before entry of final judgment case to continue until entry of final judgment
(b) After entry of final judgment but before execution filed within the limited time in the notice to claim against
the estate under Rule 86,
Section 5 AND NOT move to execute judgment under Rule 39.
(c) After levy or execution but before auction sale the property actually
satisfaction of the judgment obligation (Rule 39, Sec 7 (c))

levied may be sold for the

* Dead Defendant When plaintiff gets a favorable decision on money claim: The final judgment shall be filed as a claim
against the estate of the decedent without need of proving the claim (Rule 3, Section 20)
6. When is a counterclaim or cross claim considered compulsory?
1.
2.
3.

It arises out of, or is necessarily connected wit the transaction or occurrence which is the subject matter of the
opposing partys claim;
It does not require for its adjudication the presence of third parties over whom the court cannot acquire
jurisdiction; and
It is cognizable by the regular courts of justice and the court has jurisdiction to entertain the counterclaim both
as to the amount and nature.

13. Pedro filed a motion for writ of injunction in the Makati-RTC to enjoin the sheriff from enforcing the judgment
of Pasig-RTC. This was objected to on the ground that the Makati-RTC has no jurisdiction to enjoin the
enforcement of a co-equal court. Decide.
WRIT OF INJUCTION IS VOID.
To allow coordinate courts to interfere with each other's judgments or decrees by injunctions would obviously lead to
confusion and might seriously hinder the proper administration of justice, especially if they are branches of the same court
(Nat'l. Power Corp. vs. Hon. De Veyra, etc. and City of Baguio, 113 Phil. 622, 625) The rule is infringed when the judge of
a branch of the court issues a writ of preliminary injunction in a case to enjoin the sheriff from carrying out an order of
execution issued in another case by the judge of another branch of the same court (Philippine National Bank vs.
Javellana, 92 Phil. 525).

(Arabay Inc. vs. Salvador)

15. An action for partition was filed by Pedro against Anna and her brothers, Damaso and Daniel. However, only
the brothers answered while Anna was declared in default for failure to do so. At the trial the brothers attempted
to present Anna as its first witness. Pedro moved to disqualify contending that Anna had lost her standing in
court, invoking Sec 2 of Rule 18 which provides that a party in default shall not be entitled to notice of
subsequent proceedings nor take part in the trial of the case. Decide.
A party in default loses his right to present his defense, control the proceedings, and examine or cross-examine
witnesses. He has no right to expect that his pleadings would be acted upon by the court nor may he object to or refute
evidence or motions filed against him. There is nothing in the rule, however, which contemplates a disqualification to be a
witness or a opponent in a case. Default does not make him an incompetent.
(Cavili vs Florendo)
Interlocutory Orders cannot be the subject of a Writ of Execution.
An interlocutory order is a temporary orders issued during the course of litigation which leaves something else to do in a
given case. A writ of execution is a judicial writ issued to an officer authorizing him to execute the judgment of the court.
The judgment of the court here means it is a final judgment or order which disposes of the whole subject matter or
terminates the particular action, leaving nothing to be done by the court but to enforce by execution what has been
determined. (Pahila-Garrido vs. Tolentino)
A real action, personal action, action in rem, action in personam and action quasi in rem cannot be joined
properly.
Joinder of actions as provided for in Rule 2, Section 5(b) shall not include actions governed by special rules. All these
actions have different rules that apply with regard to jurisdiction over the subject matter, how to attain jurisdiction over the
parties or object of litigation, and the venue of actions.
Law of the case provides that once a judgment has become final and executory the same could not be altered.
After judgment has become final and executory, it becomes immutable and unalterable, that is, it can no longer be
modified. It attains the force of res judicata. It also entitles the prevailing party to its execution as a matter of right.
(p.110memaid)
Hierarchy of courts proscribes an appeal taken from a decision of an inferior court direct to the Supreme Court.
The hierarchy of courts state that before an action may be filed in the Supreme Court, it shall pass to other appellate
courts.
An individual may become a party litigant in a pending action even without his knowledge.
This is shown as in the case of defendants whose identity and whereabouts are unknown. Rule 14, Section 14. When
upon diligent inquiry the owner or his whereabouts is unknown, service may be effected upon him in a newspaper of
general circulation and in such places and for such time as the court may order.
Interpleader vs. Intervention
Interpleader

Intervention

An original action

An ancillary action

Commenced by the filing of a complaint

Commenced by a motion to intervene filed in a pending

case

Plaintiff has no interest in the subject matter of the action

or
has interest therein in whole or in part which is not disputed
by the other parties

Proper in any of these four situations: A person having:

(a) legal interest in the matter in litigation;
(b) interest in the success of either of the parties;
(c) interest against both;
(d) is so situated as to be adversely affected by a
distribution or other disposition of property in the
custody of the court or an officer thereof

Defendants are being sued precisely to interplead them

Defendants are original parties to the pending suits.

Forcible Entry (Detentacion) vs. Unlawful Detainer (Desahucio)

Forcible Entry
Possession of the land by the defendant is unlawful from
the beginning as he acquires possession by:
Force
Intimidation
Threat
Strategy
Stealth

Unlawful Detainer

No previous demand to vacate the premises is necessary

Demand is jurisdictional if the ground is non-payment of

rentals or failure to comply with the lease contract

Possession is inceptively lawful but it becomes illegal by

reason of the termination of his right to the property under
his contract with the plaintiff.

The plaintiff must prove that he was in prior physical

possession of the premises until he was deprived thereof
by the defendant

The plaintiff need not have been in prior physical

possession.

The one (1) year period is generally counted from the date
of actual entry on the land

Period is counted from the date of last demand or last letter

of demand.

Rule 45 - Appeal by Certiorari to the Supreme Court

vs. Rule 64 - Review of Judgments and Final Orders or Resolutions of the
COMELEC and COA
vs. Rule 65
- Certiorari, Prohibition and Mandamus
Rule 45
Mode of Appeal

Rule 64
Mode of Review

Seeks to review final judgments or

final orders

Seeks to review judgments, final

orders, or resolutions of the
COMELEC or COA
Raises a question of law
Requires a motion for reconsideration
before filing
Does not stay the judgment appealed
from unless enjoined or restrained
The COMELEC or COA is impleaded
as as a nominal party respondent

As a rule, only raises a question of law

Not require a motion for
reconsideration before filing
Stays the judgment appealed from
Parties are original parties

Fresh period rule --Applicable

Fresh period rule

NOT applicable
Filed within 30 days from notice of
judgment

Rule 65
A Special Civil Action; Original and
Independent
May also be directed against an
interlocutory order
Raises questions of jurisdiction
Requires a motion for reconsideration
before filing
Does not stay the judgment appealed
from unless enjoined or restrained
The tribunal, board or officer
exercising judicial or quasi judicial
functions is impleaded as a nominal
party respondent
Fresh period rule
Applicable
Filed within 60 days from the notice of
judgment, order or resolution

Filed within 15 days from the notice of

judgment or final order appealed from
SIMILARITIES:
1. All observe the principle of hierarchy of courts
2. The filing is not a matter of right and may be dismissed by the SC in its discretion
3. In all three, the Supreme Court is not a trier of facts as a general rule

Provisional Remedies
57 - Preliminary Attachment
58 - Preliminary Injunction
59 - Receivership
60 - Replevin
61 - Support Pendente Lite

Ancillary Action
Ancillary Action
Ancillary and Main Action
Ancillary and Main Action
Ancillary Action
(Only one that doesnt need a bond)