Professional Documents
Culture Documents
Some tables and charts Sir Lumba drew/wrote on the board during class. This doesnt contain everything we have
covered during the sem but it has the important (?) parts. Lets go guys!
Love,
Rachel
SUBJECT MATTER JURISDICTION
Real Actions
Personal Actions
Specific performance/
X
rescission/ annulment
Replevin X X
Ambassadors X X
Injunction X X
Boston Equity Resources v CA: Dies before Filing Dismiss the case | Dies after filing before summons
Dismiss the case | Dies after summons Proceed with the case
Proper procedure when party dies and case subsists:
(1) Counsel should notify the court
(2) Heirs or administrator of estate will substitute
- If one of the heirs is not included, it is alright because it is only binding on the estate anyway.
Principal Remedy Test this was an exercise to determine the venue for filing the action. If it was incapable of
pecuniary estimation, file with the RTC. If capable, MTC or RTC based on value.
Appellate Jurisdiction
MTC RTC CA SC
MTC Rule 40
Ordinary
Appeal
MTC in its 45 for pure
delegated questions of law
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jurisdiction
RTC Rule 41 (appeal Rule 45
from judgment of
RTC in its original
jurisdiction) or 42
(appeal from
judgment of RTC
in its appellate
jurisdiction)
CA Rule 45
SC
Quasi- Rule 43
judicial
agencies
VENUE
Personal Action
Defendant NOT
found/ non-
resident
Defendant does
UNLESS it affects
Defendant Defendant not reside nor can
WHO * personal status or
resides found be found in the
any property of
Philippines
defendant
located in the
Philippines
Plaintiff Resides X X X
Plaintiff Found
Read as:
- If plaintiff is a resident and defendant is a resident, plaintiff may file in either place.
- If plaintiff is a resident and defendant may be found in some place, plaintiff may file in either place.
- If plaintiff is non-resident but may be found some place and defendant is a resident, plaintiff may NOT
file in either place.
- If plaintiff is non-resident but may be found some place and defendant may also be found some place,
plaintiff may NOT file in either place.
- If plaintiff is a resident and defendant non-resident and cannot be found, no place to file
- If plaintiff is a resident and defendant non-resident and cannot be found and action affects personal
status, property of defendant in the Philippines, file where plaintiff resides
CAUSE OF ACTION
Elements:
1. A right in favor of the plaintiff by whatever means and under whatever law it arises or is created;
2. An obligation on the part of the named defendant to respect or not to violate such right; and
3. Act or omission on the part of such defendant in violation of the right of the plaintiff or constituting a
breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for
recovery of damages or other appropriate relief.
An action is the suit filed in court for the enforcement or protection of a right, or the prevention or redress of a
wrong. A cause of action is the basis of the action filed because every "...action must be based on a cause of action"
Difference between failure to state a cause of action and lack of cause of action
Even if in reality the plaintiff has a cause of action against the defendant, the complaint may be dismissed if the
complaint or the pleading asserting the claim "states no cause of action" (Sec. 1[g], Rule 16). This means that the
cause of action must unmistakably be stated or alleged in the complaint or that all the elements of the cause of
action required by substantive law must clearly appear from the mere reading of the complaint. It only means
that the plaintiff's allegations are insufficient for the court to know that the rights of the plaintiff were v iolated
by the defendant.
The test of the sufficiency of the facts alleged in the complaint as constituting a cause of action is
whether or not admitting the facts alleged, the court could render a valid verdict in accordance with
the prayer of the complaint.
Lack of cause of action, on the other hand, refers to the failure to prove or to establish by evidence one's cause of
action. It is determined by referring to the evidence adduced. It is raised in a demurrer to evidence under Rule 33
after the plaintiff has rested his case.
Joinder
PARTIES
Party DEFAULT
Avoid multiplicity;
NECESSARY
Class Suit
Elements:
a) The subject matter of the controversy must be of common or general interest to many persons;
What is required by the Rules is a common or general interest in the subject matter of the litigation. The `subject matter' of
the action is meant the physical, the things real or personal, the money, lands, chattels, and the like, in relation to the suit
which is prosecuted and not the delict or wrong committed by the defendant. When the interests of the parties in the subject
matter are conflicting, a class suit will not prosper.
a. Common refers to joint indivisible obligations (true class suits)
b. General refers to joint divisible obligations (hybrid class suits)
b) The persons are so numerous that it is impracticable to join all as parties; - numerosity
c) The parties actually before the court are sufficiently numerous and representative as to fully protect
the interests of all concerned; and representativeness
d) The representatives sue or defend for the benefit of all (Sec. 12, Rule 3, Rules of Court)
PLEADINGS
Parts:
a) Caption name of the court, title of the action and the docket number (if assigned)
b) Body
1) Paragraphs
2) Heading
3) Relief
4) Date
c) Signature and address
d) Verification attesting that the party has read the pleading and that the facts stated therein are true and
correct based on ones personal knowledge or authentic records
e) Certification against forum shopping sworn statement
Forum Shopping
EARLY DISMISSAL
DEMURRER OF EVIDENCE
KATARUNGANG PAMBARANGAY
Three proceedings
Three results
Two repudiation
One petition
Private
EXCEPT
1. Government
2. Public officer
3. Extra-territorial property
Public
The only public action which is within the jurisdiction of lupon are criminal actions for offenses punishable by
imprisonment NOT exceeding one (1) year or a fine NOT exceeding Five thousand pesos (P5,000.00)
EXCEPT: Dont actually reside in the same within same city or municipality
EXCEPTION TO THE EXCEPTION: They live in barangays which adjoin each other and they agree to submit
their differences to the appropriate lupon.
MODES of DISCOVERY
Rule 25 Rule 26
When After summons After answer
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Failure to Avail Cannot call the party to the Cannot present evidence
witness stand regarding the matter
How filed:
DEPOSITION
Uses of deposition
1. Contradict
2. Substitution for oral testimony
a. Me as the witness YES; dead, sick, inform, kiolmetrage rule, unavailable (c)
b. My witness YES; under the same circumstances (c)
c. You as the witness YES; 4(b) no need to be covered by circumstances of (c)
d. Your witness he becomes my witness and should be covered by the circumstances (c)
Stages of Deposition
1. Initiatory by motion or notice (must contain necessary information plus mode of deposition)
3. Deposition-taking deposing officers: Philippines any judge, notary public or person referred to in
Section 14, outside Philippines (on notice) secretary of embassy or legation, consul general, consul,
vice-consul, or consular agent, such person or officer as may be appointed by commission or under letters
of rogatory, persons referred to in Section 14 | Motion to terminate or limit examination | Officer shall
CIVIL PROCEDURE | Professor Lumba | 2015 2016
put the deponent under oath | Record | Objections (most objections are waived if not raised EXCEPT as
to admissibility of evidence, relevance of testimony competence of witness)
Difference between motion to limit and protective order: MTL where the action is pending or the RTC of the place
where deposition is being taken; PO the court in which the action is pending
4. Post-deposition taking Transcribe | Submitted to the parties and witnesses for examination | Make
changes | Certify | Sign (or state in record why it was not signed) | Seal the deposition | Mark or indorse |
File it with the court where the action is pending
5. Use of deposition
EXECUTION
Motion for execution as a matter of right BOTH court of origin and appellate court may ENTERTAIN the
motion
Discretionary execution:
- Motion filed pending appeal is to be filed with RTC while the RTC has records of the case
- Motion filed pending appeal is to be filed with CA when appeal period has expired and appeal has been perfected
- When motion is filed with RTC BEFORE appeal period has expired RTC can GRANT
- When motion is filed with RTC but appeal has been perfected RTC can GRANT
- Who can issue the writ of execution? Whether the motion is filed with RTC or CA, it is the RTC who
will issue the writ
What if judgment of RTC was reversed by the CA and this new decision has become final and executory
WHERE TO FILE THE MOTION? Either RTC or CA
What if there was appeal AFTER CAs reversal This cannot be executed but once final and executory,
judgment must be remanded and writ of execution will be filed with the RTC
1. IRAS
2. Rule 43
3. Rule 42 RSP
1. By motion 5 years from the date of its entry (when it becomes final and executory)
2. By action 10 years from the date of its entry (this rule is from the statute of limitations)
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a. Death of a creditor Money judgment, special judgment, judgment for specific acts
b. Death of debtor after levy money judgment
c. Death of debtor before levy money judgment
d. Death of debtor judgment for specific acts (delivery and restitution; sale)
Three instances of terceria: * All three are almost the same but the difference lies in the vindication. In levy,
vindication is in a separate action because the action has finished already.
Redemption
1 2 3 4
Debtor 2nd redemption(2) ONLY
redemptioner
allowed
CREDITOR (1) Foreclosed; Foreclosed Foreclose HAS TO
purchased FORECLOSE
M2 (1) 1st redemption Purchased HAS TO
(1) FORECLOSE
- Set aside/possession reversed: motion in same or separate action against the creditor | supposedly revival
of judgment BUT Sir said just dont return the property
- Exempt from execution: Motion against Creditor | Revival of judgment
- Successful third-party claim: Motion against Creditor | Revival of Judgment
- Auction annulled: Motion against Creditor | Revival of Judgment
REMEDIES
MNT Granted Remedy of opposition MR then 65
Denied Remedy of petitioner Appeal from judgment and include denial of MNT as error
Petition for Relief from Judgment (Rule 38): May be filed only in trial courts because this is a continuation of
the case (Section 1)
Appeal
How many ways to go to SC:
(1) In a civil case, Rule 45.
(2) In a criminal case, notice of appeal.
Allowing Appeal - ?
Denying Appeal - certiorari
*Dismissal for lack of subject matter jurisdiction is without prejudice. Remedy: certiorari (normally) UNLESS
appeal is available AND THIS IS ONLY POSSIBLE WHEN CASE IS FIRST FILED WITH MTC.
APPEAL
ATTACHMENT
Eight stages (IN ORDER)
1. Application
2. Order
a. Affidavit states a cause of action
b. Case falls under section 1
c. No sufficient security
CIVIL PROCEDURE | Professor Lumba | 2015 2016
d. Amount to which applicant is entitled is as much as the amount stated in the order above all
legal counterclaims
Amount prayed for legal counterclaims = amount stated in the order
3. Bond
4. Writ
5. Service
- Complaint
- Writ
- Application
- Affidavit
- Bond
- Order
- Summons
UNLESS
o Summons cannot be served personally or by substituted service despite diligent efforts
o Defendant is resident and temporarily absent or defendant is not a resident
o Action is in rem or quasi in rem
6. Levy on Attachment
7. Discharge
- Counterbond or deposit
- Improper/irregular issuance
- Improper/irregular enforcement
- Excessive attachment
- Insufficiency of bond
8. Damages
INJUNCTION
Application for the issuance ex-parte of a 72-hr. and 20-day TRO and writ of preliminary injunction
Multiple sala
- Clerk of court forwards it to executive judge
- Issue 72-hr TRO (effective for 72 hrs from issuance) by executive judge
- Pay the bond (unless exempted
- Service of notice of raffle, TRO, complaint, summons, affidavit and bond
- Raffle
- Summary hearing by the presiding judge
- Issuance of 20-day TRO (if GRANTED)
- Bond
- Service of TRO
- Full hearing
- Issuance of order
- Bond
- Issuance of writ
Single sala
- Remove part of raffle
Exceptional circumstance
- Issuance of 20-day period by PJ
CIVIL PROCEDURE | Professor Lumba | 2015 2016
- Same process but remove entire part from raffle until service of TRO. Next step after service of notice is
FULL hearing.
REPLEVIN
RECEIVERSHIP
1. Verified application
2. Order to appoint receiver possibly effective only upon payment of bond
3. Bond
4. Receiver enters upon his duties oath and bond
*filing of counter-bond does not make denial of application or discharge of receivership ministerial
FORECLOSURE
Real Estate Mortgage
- Judicial
o Bank (mortgagee)
Legal person 1 year from sale writ of possession right after sale
Natural person 1 year from the sale writ of possession right after sale
o Non-bank (mortgagee) Equity of redemption writ of possession right after sale
- Extrajudicial
o Bank (Mortgagee)
Legal person registration of certificate of sale writ of possession right after sale
Natural person 1 year from sale writ of possession right after sale
o Non-bank (mortgagee) 1 year from registration of certificate of sale
Procedure:
1. Application
2. Judgment amount due to the plaintiff, order for defendant to pay
3. Motion for foreclosure sale
4. Auction sale
5. Certificate of sale
6. Motion for confirmation of foreclosure sale
7. Order confirming sale
NO REDEMPTION PERIOD
8. Possession
9. Registration of 5 and 7
10. New title
WITH REDEMPTION PERIOD
CIVIL PROCEDURE | Professor Lumba | 2015 2016
8. Possession
9. Registration of 5 and 7
10. Redemption period expires
11. Registration of final deed of sale
IF THERE IS DEFICIENCY
8. Deficiency judgment
9. Execution
CONTEMPT
Civil private action; you have the key to your own freedom; fine as punishment is satisfactory
- Direct refusal to be sworn | refusal to be subscribed
- Indirect failure to obey a subpoena duly served | disobedience to a writ or order of the court (generally)
Criminal public action; you dont have the key to your own freedom; fine as punishment is NOT satisfactory
- Direct disrespect | offensive personalities
- Indirect misbehavior by an officer | abuse of processes | offense against administration of justice or
dignity of court |assuming to be an attorney | rescue or attempted rescue
Remedy:
- After being cited in direct contempt certiorari or prohibition
- Indirect contempt appeal
*If appeal has already been perfected, petition to cite in contempt should be filed in the appellate court. Even if
the lower court still has residual jurisdiction, it should still be filed in the appellate court.
EXPROPRIATION
1. Complaint
2. Deposit in money! Unless Court agrees that it be in certificate of deposit this is only a provisional
value
3. Possession
4. Answer (if there are objections) OR notice/manifestation (if no objection)
5. Order of expropriation
Record on appeal because this is only partial (the process continues)
6. Appointment of commissioner
7. Hearing
8. Report
9. Judgment
10. Payment of just compensation
11. Possession
12. Transfer of title