I.

GENERAL PRINCIPLES
A. SUBSTANTIVE LAW DISTINGUISHED FROM REMEDIAL LAW

SUBSTANTIVE LAW REMEDIAL LAW

Substantive law creates, defines, and Remedial law prescribes the methods
regulates rights and duties of enforcing those rights and
concerning life, liberty or property the obligations created by substantive
violation of which gives rise to a cause law by providing a procedural system
of action. (Bustos vs. Lucero) for obtaining redress for the invasion
of rights and violations of duties, and
by laying out rules as to how suits
are filed, tried, and decided upon by
the courts.

B. RULE-MAKING POWER OF THE SUPREME COURT

1. Constitutional authority to promulgate rules
 The rule-making power of the SC specifically includes the constitutional power
to promulgate rules concerning pleading, practice, and procedure( sec. 5, Art 8,
Constitution)
2. Power to amend the rules
The SC has the power to amend, repeal or even establish new rules for a more
simplified and inexpensive process and the speedy disposition of cases. (Neypes
vs. CA)
The constitutional power of the SC to promulgate rules of practice and
procedure and to amend or repeal the same necessarily carries with it the
power to overturn judicial precedents on points of remedial law through the
amendment of the Rules of Court. (Pinga vs. Heirs of Santiago)
3. Power to suspend the rules
The courts have the power to relax or suspend technical or procedural rules or
to except a case from their operation when compelling reasons so warrant or
when the purpose of justice requires it.

There are reasons which would warrant the suspension of the Rules:
(a) The existence of special or compelling circumstances;
(b) The merits of the case;
(c) A cause not entirely attributable to the fault or negligence of the party
favored by the suspension of rules;
(d) A lack of any showing that the review sought is merely frivolous and
dilatory; and
(e) The rights of the other party will not be unjustly prejudiced thereby.
(Samiento vs. Zaratan)

LIMITATIONS ON THE RULE-MAKING POWER OF THE SC:

 1. The rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases;
2. The rules shall be uniform for courts of the same grade; and
3. The rules shall not diminish, increase, or modify substantive rights. (sec.5,Art 8
Constitution)

C. NATURE OF PHILIPPINE COURTS

1. MEANING OF COURT
A court is an organ of government belonging to the judicial department the
function of which is the application of the laws to controversies brought before
it as well as the public administration of justice. (Black’s Law Dictionary)
2. DISTINGUISHED: COURT AND JUDGE

COURT JUDGE
A. A tribunal officially assembled a. Is simply an officer of such
under authority of law. tribunal
B. A court is an organ of the
government with a personality
separate and distinct from the
person or judge who sits on it
C. Is a being in imagination Is a physical person
comparable to a corporation
D. Is an office Is a public officer
E. The continuity of a court and the The judge may resign, become
efficacy of its proceedings are not incapacitated, or be disqualified to hold
affected by the death, resignation, office, but the court remains.
or cessation from the service of the
judge presiding over it.
3. CLASSIFICATION OF PHILIPPINE COURTS:
A. CONSTITUTIONAL AND STATUTORY COURT
Constitutional court is one created by a direct constitutional provision.
Example is the Supreme Court and it is the only constitutional court.
Statutory court is one created by a law other than the constitution. All courts
in the Philippines except SC are statutory courts.
B. CIVIL AND CRIMINAL COURTS
Civil courts are those which determine controversies between private
persons. Criminal Courts are those which adjudicate offenses alleged to have
been committed against the state.
C. SUPERIOR AND INFERIOR COURTS
Superior court is one with controlling authority over other courts, and with
an original jurisdiction of its own. Inferior court is one which is subordinate
to another court, the judgment of which may be reviewed by a higher
tribunal.
4. COURTS OF ORIGINAL AND APPELLATE JURISDICTION
 A court is one with original jurisdiction when actions or proceedings are
originally filled with it. Appellate jurisdiction when it has the power of review
over the decisions or orders of a lower court.
5. COURTS OF GENERAL AND SPECIAL JURISDICTION
Court of general jurisdiction are those with competence to decide on their own
jurisdiction and take cognizance of all cases, civil and criminal, of a particular
nature. Courts of special (limited) jurisdiction are those which have a special
jurisdiction only for a particular purpose or are clothed with special powers for
the performance of specified duties beyond which they have no authority of any
kind.
6. COURTS OF LAW AND EQUITY
Philippine courts are courts of both law and equity.

DOCTRINE OF HIERARCHY OF COURTS (PRINCIPLE OF JUDICIAL HIERARCHY)

Under this doctrine, a case must be filed before the lowest court possible having
the appropriate jurisdiction, except if one can advance a special reason which would
allow a party a direct resort to a higher court.

PURPOSE OF THE DOCTRINE:

a. It would be an imposition upon the limited time of the court; and
b. It would inevitably result in a delay, intended or otherwise, in the
adjudication of cases, which in some instances, had to be remanded or
referred to the lower court as the proper forum under the rules of
procedure, or as better equipped to resolve issues because the Court is
not a trier of facts.

WHEN THE DOCTRINE MAY BE DISREGARDED:

a. When there are special and important reasons clearly stated in the petition;
b. When dictated by public welfare and the advancement of public policy;
c. When demanded by the broader interest of justice;
d. When the challenged orders were patent nullities; or
e. When analogous exceptional and compelling circumstances called for and
justified the immediate and direct handling by the court. (Republic vs. Caguioa)

DOCTRINE OF NON-INTERFERENCE or DOCTRINE OF JUDICIAL STABILITY

This principle holds that courts of equal and coordinate jurisdiction cannot
interfere with each other’s orders. It also bars a court from reviewing or interfering
with the judgment of a co-equal court over which it has no appellate jurisdiction or
power of review.
 II. JURISDICTION

A. CLASSIFICATION OF JURISDICTION

ORIGINAL APPELLATE
Is that exercised by a court or body in the Is that exercised by a court or body over a
first instance. case elevated to it by way of review.
EXAMPLE: jurisdiction of the MTC over
ejectment cases.

EXCLUSIVE CONCURRENT
Is that jurisdiction exercised by a court or Is that jurisdiction exercised over a case
body to the exclusion of all other court. or subject matter by two or more courts or
bodies.
EXAMPLE: jurisdiction of RTC in cases EXAMPLE: A special civil action for
incapable of pecuniary estimation. Certiorari jurisdiction over which may be
exercised by the RTC, CA and SC.

ASPECTS OF JURISDICTION:

a. Jurisdiction over the subject matter;

b. Jurisdiction over the parties;
c. Jurisdiction over the issues of the case;
d. Jurisdiction over the res or thing involved in the litigation.

JURISDICTION OVER THE PARTIES

HOW JURISDICTION OVER THE PLAINTIFF IS ACQUIRED

Jurisdiction over the plaintiff is acquired by his filing of the complaint or
petition. By doing so, he submits himself to the jurisdiction of the court. (Davao
light vs. Power Co.)
1. HOW JURISDICTION OVER THE DEFENDANT IS ACQUIRED
Jurisdiction over the person of the defendant in civil cases is acquired either by
his voluntary appearance in court and his submission to its authority or by
service of summons.
Jurisprudence suggests that jurisdiction over the person of the defendant is
required only in an action in personam. It is not a prerequisite in an action in
rem and quasi in rem.

JURISDICTION OVER THE SUBJECT MATTER

1. MEANING
 Jurisdiction over the subject matter is referred to as the power of a particular
court to hear the type of case that is then before it. It also refers to the
jurisdiction of the court over the class of cases to which a particular case
belongs.
2. HOW JURISDICTION IS CONFERRED
Jurisdiction over the subject matter is conferred by law which may be either the
Constitution or a statute.
Since it is conferred by law, it cannot be;
(1) Granted by the agreement of the parties;
(2) Acquired, waived, enlarged, or diminished by any act or omission of the
parties; or
(3) Conferred by the acquiescence of the court.
3. HOW JURISDICTION IS DETERMINED
 Jurisdiction over the subject matter of a case is determined by the allegations in
the complaint which comprises a concise statement of the ultimate facts
constituting the plaintiff’s cause of action.
 The nature of the cause of action, and consequently the jurisdiction of the
court, cannot be made to depend upon the defenses set up in the answer or
pleadings filed by the defendant.

EXCEPTION to the rule that jurisdiction is determined by the allegations in the

complaint is when the allegations in the complaint make out a case for forcible
entry, where tenancy is averred by way of defense and is proved to be the real
issue, the case should be dismissed for lack of jurisdiction as the case should
properly be filed with the DARAB. (Ignacio vs. CFI Bulacan)
There must first be a reception of evidence, and if after hearing, the
tenancy had in fact shown to be the real issue, the court should dismiss the
case for lack of jurisdiction.

4. DOCTRINE OF PRIMARY JURISDICTION (PRIMARY ADMINISTRATIVE

JURISDICTION)

Under this doctrine, courts cannot and will not resolve a controversy involving a
question within the jurisdiction of an administrative tribunal, especially when the
question demands the sound exercise of administrative discretion requiring special
knowledge, experience and services of the administrative tribunal to determine
technical and intricate matters of fact. (BF Homes, Inc vs. Meralco)

EXCEPTIONS:

(a) Where there is estoppel on the part of the party invoking the doctrine;
(b) Where the challenged administrative act is patently illegal, amounting to lack of
jurisdiction;
 (c) Where there is unreasonable delay or official inaction that will irretrievably
prejudice the complainant;
(d) Where the amount involved is relatively small;
(e) Where the question involved is purely legal and will ultimately have to be
decided by the courts of justice;
(f) Where judicial intervention is urgent;
(g) When its application may cause great and irreparable damage;
(h) Where the controverted acts violate due process;
(i) When the issue of non-exhaustion of administrative remedies has been
rendered moot;
(j) When there is no other plain, speedy and adequate remedy;
(k) When strong public interest is involved;
(l) In quo warranto proceedings. (Province of Aklan vs Jody King Construction)

5. DOCTRINE OF ADHERENCE OF JURISDICTION (CONTINUITY OF JURISDICTION)

The doctrine means that once jurisdiction has attached, it cannot be ousted by
subsequent happenings or events, although of a character which would have
prevented jurisdiction from attaching in the first instance. The court, once jurisdiction
has been acquired, retains that jurisdiction until it finally disposes of the case.

6. OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER

 The earliest opportunity of a party to raise the issue of jurisdiction is in a

motion to dismiss filed before the filing of the answer. If no motion to dismiss is
filed, the defense of lack of jurisdiction may be raised as an affirmative defense
in the answer.
 The prevailing rule is that jurisdiction over the subject matter may be raised at
any stage of the proceedings even for the first time on appeal. The reason for
the rule is that jurisdiction is conferred by law, and lack of it affects the very
authority of the court to take cognizance of and render judgment on the action.
 The court, may, on its own initiative object to an erroneous jurisdiction motu
proprio dismiss the claim when it appears from the pleadings or the evidence on
the record of the court has no jurisdiction over the subject matter. (Rule 9, Sec
1)

7. EFFECT OF ESTOPPEL ON OBJECTION TO JURISDICTION

The Doctrine of Estoppel by Laches, in relation to objections to jurisdiction, was

stressed by the court in the leading case of Tijam vs. Sibonghanoy. Here, the SC barred
a belated objection to jurisdiction that was raised by a party only when an adverse
decision was rendered by the lower court against it and because it raised the issue
only after seeking affirmative relief from the court and actively participating in all
stages of the proceedings.
EFFECT OF A JUDGMENT RENDERED WITHOUT JURISDICTION OVER THE
SUBJECT MATTER

 A judgment rendered by a body or tribunal that has no jurisdiction over the

subject matter of the case is no judgment at all. It cannot be the source of any
right or the creator or any obligation. All acts pursuant to it and all claims
emanating from it have no legal effect. The void judgment can never be final and
any writ of execution based on it is likewise void.

JURISDICTION OVER THE ISSUES

 Jurisdiction over the issue is the power of the court to try and decide the issues
raised in the pleadings of the parties.
 Jurisdiction over the issues is conferred and determined by the allegations in
the pleadings of the parties.

JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION

 Jurisdiction over the res refers to the court’s jurisdiction over the thing or the
property which is the subject of the action. This type of jurisdiction is necessary
when the action is one in rem or quasi in rem.
 Jurisprudence holds that if the action is in rem or quasi in rem, jurisdiction
over the person of the defendant is not required. What is required is jurisdiction
over the res although summons must also be served upon the defendant in
order to satisfy the requirements of due process. (Gomez vs CA)

HOW ACQUIRED

1. Jurisdiction over the res may be acquired by the court by placing the property or
thing under its custody (custodia legis) or constructive seizure. Example: Attachment
of Property.

2. It may also be acquired by the court through statutory authority conferring upon it
the power to deal with the property or thing within the court’s territorial jurisdiction.
Example: Suits involving the status of the parties or the property in the Philippines of
non-resident defendants.

8. DISTINGUISH: ERROR OF JURISDICTION AND ERROR OF JUDGMENT

ERROR OF JURISDICTION ERROR OF JUDGMENT

is one where the act complained of was issued Presupposes that the court is vested with
by the court without or in excess of jurisdiction over the subject matter of the
jurisdiction. action but, in the process of exercising that
Occur when the court exercises a jurisdiction jurisdiction, it committed mistakes in the
not conferred by law. appreciation of the facts and the evidence
leading to an erroneous judgment.
Also occur when the court or tribunal As one which the court may commit in the
although with jurisdiction, acts in excess of its exercise of its jurisdiction.
jurisdiction or with grave abuse of discretion Any alleged errors committed in the exercise
amounting to lack of jurisdiction. of its discretion will amount to nothing more
than mere errors of judgment.

9. DISTINGUISH: JURISDICTION AND VENUE

JURISDICTION VENUE
is the authority to hear and determine a case; Is the place where the case is to be heard or
tried;
Is a matter of substantive law; Is a matter of procedural law;
Establishes a relation between the court and A relation between plaintiff and defendant, or
the subject matter; petitioner and respondent;
Is fixed by law and cannot be conferred by the May be conferred by the act or agreement of
parties. the parties.

10. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY SUMMARY

PROCEDURE AND BARANGAY CONCILIATION

SMALL CLAIMS SUMMARY PROCEDURE BARANGAY CONCILIATION

The MTC shall apply this Rule CIVIL CASES:
in all actions which are; 1.Forcible Entry and unlawful
(a) purely civil in nature detainer, irrespective of the
where the claim or relief amount of damages or unpaid
prayed for by the plaintiff is rentals sought to be
solely for payment or recovered; where awarded,
reimbursement of sum of attorney’s fees shall not
money, and exceed 20,000
(b) the civil aspect of criminal 2. All other civil cases, except
action, or reserved upon the probate proceedings, where
filing of the criminal action in the total amount of the
court, pursuant to Rule of plaintiff’s claim does not
111 of the Revised Rules of exceed 100,000 and 200,000
Criminal Procedure. in Metro Manila exclusive of
These claims or demands may interest and costs.
be;
(a) For money owned under CRIMINAL CASES:
any of the following; 1) Violation of traffic
1. Contract of Lease; laws, rules and
2. Contract of Loan; regulations
3. Contract of Services; 2) Violation of rental law
4. Contract of Sale; or 3) Violation of municipal
5. Contract of Mortgage; or city ordinances
(b) For damages arising from 4) Violation of BP Blg.22
any of the following; the Bouncing Check
1. Fault or negligence; law
2. Quasi-contract; or 5) All other criminal
3. Contract; cases where the
(c) The enforcement of a penalty prescribed by
barangay amicable settlement law for the offense
or an arbitration award charged is
involving a money claim imprisonment not
covered by this Rule pursuant exceeding 6 months or
to Sec. 417 of Republic Act a fine not exceeding
7160, otherwise known as the 1,000 or both
Local Government Code of irrespective of other
1991. imposable penalties
JUDGMENTS AND FINAL ORDERS

REQUISITES OF A VALID JUDGMENT:

(a) The court or tribunal must be clothed with authority to hear and determine the
matter before it;
(b) The court must have jurisdiction over the parties and the subject matter;
(c) The parties must have been given an opportunity to adduce evidence in their
behalf;
(d) The evidence must have been considered by the tribunal in deciding the case;
(e) The judgment must be in writing, personally and directly prepared by the judge;
(f) The judgment must state clearly the facts and the law on which it is based,
signed by the judge and filed with the clerk of court.
 A decision need not be a complete recital of the evidence presented. So long as
the factual and legal basis is distinctly and clearly set forth, the judgment is
valid.
 The general rule is that where there is a conflict between the dispositive portion
or the fallo of the decision and the body of the decision, the fallo controls.
However, where the inevitable conclusion from the body of the decision is so
clear that there was a mere mistake in the dispositive portion, the body of the
decision will prevail.

AMBIGUITY IN THE JUDGMENT

 Where the judgment is difficult to execute because of ambiguity in its terms, the
remedy to avail of is to have the court, which rendered the judgment, remove
the ambiguity by the filing of a motion for a clarificatory judgment.

RENDITION OF JUDGMENT

 Rendition of the judgment is the filing of the same with the clerk of court. It is
not the pronouncement of the judgment in open court that constitutes
rendition.
 Even if the judgment has already been put in writing and signed, it is still
subject to amendment if it has not yet been filed with the clerk of court. (Ago vs.
CA)

ENTRY OF JUDGMENT AND FINAL ORDER

  If no appeal or motion for new trial or reconsideration is filed within the time
provided in the 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, with a certificate that such judgment or final order
has become final and executor.

IMPORTANCE OF THE DATE OF ENTRY

The date of entry is the starting point of the:

 6-month period for filing a petition for relief (S3, R38)

 The 5-year period for filing a motion for execution (S6, R39)
 The 10-year period for filing an action for revival of judgment.

DOCTRINE OF IMMUTABILITY OF JUDGMENTS (CONCLUSIVENESS OF

JUDGMENTS)

 A judgment that has attained finality can no longer be disturbed.

 The doctrine, which is sometimes referred to as “preclusion of issues” or
“collateral estoppel” holds that, issues actually and directly resolved in a former
suit cannot again be raised in any future case between the same parties.

REASONS OF THE RULE

(a) to avoid delay in the administration of justice;

(b) to put an end to judicial controversies, at the risk of occasional errors,
which is precisely why courts exist.

EXCEPTIONS TO THE RULE:

(a) the correction of clerical errors;

(b) the so-called nunc pro tunc entries which cause no prejudice to any party and
void judgments;
(c) in case of void judgment;
(d) when there is a strong showing that a grave injustice would result from the
application of the Rules;
(e) when there are grounds for annulment of the judgment or a petition for relief.

REMEDIES AGAINST A FINAL AND EXECUTORY DECISION

 Subject to an action for Annulment (Rule 47)

 Subject to a Petition for Relief under Rule 38
POST- JUDGMENT REMEDIES

1. MOTION FOR RECONSIDERATION (R37)

Is one directed against a judgment or a final order.

GROUNDS:

(a) That the damage awarded are excessive;

(b) That the evidence is insufficient to justify the decision or final order; or
(c) That the decision or final order is contrary to law. (S1, R7)

It is not sufficient to mention the ground relied upon. It is necessary for the MR to
specifically point out the findings or conclusions of the judgment or final order which
are not supported by the evidence or which are contrary to law, making express
reference to the testimonial or documentary evidence or the provision of law alleged
to be contrary to such findings or conclusion. (S2,R37)

PRO FORMA MOTION

A pro forma motion is one which does not satisfy the requirements of the rules and
will be treated as a motion intended to delay the proceedings.

The result is that the pro forma motion does not toll the reglementary period of appeal
and thus the challenged judgment would become final.

WHEN TO FILE

 Filed within the period for taking an appeal

 No motion for extension of time to file a motion for reconsideration shall be
allowed.
 If made by notice of appeal, within 15 days after the notice to the appellant of a
judgment or final order appealed from.

EFFECT OF THE FILING OF THE MOTION

The timely filing of a motion for reconsideration interrupts the period of appeal.

EFFECT OF GRANTING A MOTION

 It may amend such judgment or final order accordingly

  The amended judgment is in the nature of a new judgment which supersedes
the original judgment. It is not a mere supplemental decision which does not
supplant the original but only serves to add something to it.

DENIAL OF THE MOTION; EFFECT

 If the motion is denied, the movant has a fresh period of fifteen days (15) from
receipt or notice of the order denying or dismissing the motion for
reconsideration within which to file a notice of appeal. (Neypes vs CA)
 It is clear from the Neypes that the ruling shall not be applied where no motion
for new trial or motion for reconsideration has been filed, in which case the 15-
day period for appeal shall run from notice of the judgment.
 The 15-day period within which to file the notice of appeal was counted from
the notice of denial of the motion for reconsideration.

REMEDY WHEN MOTION IS DENIED

 The remedy from an order denying a motion for reconsideration is not to appeal
from the order of denial. The order is not appealable.
 The remedy is to appeal from the judgment or final order itself subject of the
motion for reconsideration.

THE “SINGLE MOTION” RULE

 A party shall not be allowed to file a second motion for reconsideration of a

judgment or a final order.
 The rule against entertaining a second motion for reconsideration is rooted in
the basic tenet of immutability of judgments.
 There have been instances when the court gave merit to second motion for
reconsideration, but only when there are “extraordinary persuasive reasons and
only after an express leave shall have been obtained.”

INSTANCES WHEN A MOTION FOR RECONSIDERATION IS A CONDITION

PRECEDENT FOR TAKING AN APPEAL

 From a judgment in cases of legal separation, annulment, and declaration of

nullity of marriage.
 From a judgment in petition for custody of minor under the SC Rules on cases
involving custody of Minors.

2. MOTION FOR NEW TRIAL (RULE 37)

GROUNDS:
  Fraud, accident, mistake or excusable negligence which ordinary prudence
could not have guarded against and by reason of which, such aggrieved party
has probably been impaired in his rights; or
 Newly-discovered evidence, which he could not, with reasonable diligence, have
discovered and produced at the trial, and which, if presented, would probably
alter the result.

WHEN TO FILE

 A motion for new trial is filed within the period for taking an appeal.
 No motion for extension of time to file a motion for new trial shall be allowed.

EFFECT OF FILING

The filing of a timely motion for new trial interrupts the period to appeal.

FORM

 Shall be made in writing

 Stating the ground or grounds therefor
 A motion for the cause mentioned on the first ground shall be supported by
affidavit of merit. A motion based on the 2nd ground shall be supported by (a)
affidavits of the witnesses by whom such evidence is expected to be given, or (b)
by duly authenticated documents which are proposed to be introduced in
evidence.
 A written notice shall be served by the movant on the adverse party. (S2,R37)

EFFECT OF GRANTING THE MOTION

 If the court grants the motion, the original judgment or final order shall be
vacated , and the action shall stand for trial de novo.
 The recorded evidence taken upon the former trial shall be used at the new trial
without retaking the same if the evidence is material and competent.

SECOND MOTION FOR NEW TRIAL

While a motion for reconsideration is not allowed, a second motion for new trial is
authorized by the rules.

A motion for new trial shall include all grounds then available. Those not so included
are deemed waived.
3. APPEALS IN GENERAL

The right to appeal is not part of due process but a mere statutory privilege that has to
be exercised only in the manner and in accordance with the provisions of law.

The perfection of an appeal within the statutory or reglementary period and in the
manner prescribed by law is mandatory and jurisdictional.

JUDGMENT OR FINAL ORDERS SUBJECT TO APPEAL

An appeal may be taken from a judgment or final order that completely disposes of the
case. (S1, R41)

MATTERS NOT APPEALABLE

a) An order denying a petition for relief or any similar motion seeking relief from
judgment;
b) An interlocutory order;
c) And order disallowing or dismissing an appeal;
d) An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground
vitiating consent;
e) An order of execution;
f) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and 3 rd-party complaints while the
main case is pending, unless the court allows an appeal therefrom; and
g) An order dismissing an action without prejudice.

REMEDY AGAINST JUDGMENT AND ORDERS WHICH ARE NOT APPEALABLE

In those instances where the judgment or final order is not appealable, the aggrieved
party may file the appropriate special civil action under Rule 65.

PAYMENT OF DOCKET FEE

Payment of docket fees and other legal fees within the prescribed period is both
mandatory and jurisdictional; noncompliance with which is fatal to an appeal.

Without the payment of docket fees, the appeal is not perfected and the appellate
court does not acquire jurisdiction to entertain the appeal, thereby rendering the
decision sought to be appealed final and executor. (Cu-Unjieng vs. CA)
I. APPEAL FROM MTC TO RTC (RULE 40)

An appeal from a judgment or final order of MTC may be taken to the RTC exercising
jurisdiction over the area to which the former pertains.

WHEN TO APPEAL

 Within 15 days after notice to the appellant of the judgment or final order
appealed from.
 Where a record on appeal is required, the appellant shall file a notice of appeal
and a record on appeal within 30days after notice of the judgment or final
order.

NOTE: A record on appeal shall be required only in special proceedings and in cases of
multiple or separate appeals.

HOW TO APPEAL

 By filing a notice of appeal and record on appeal, where appropriate, with the
court that rendered the judgment or final order appealed from, and by;
 Serving a copy of the notice and record on the adverse party.
 The notice of appeal shall (a) indicate the parties to the appeal, (b) the judgment
or final order or part thereof appealed from, and (c) state the material dates
showing the timeliness of the appeal.

PERFECTION OF THE APPEAL

A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of
the notice of appeal in due time.

SUBMISSION OF MEMORANDUM

 Within 15 days from such notice, it shall be the duty of the appellant to submit
a memorandum, copy of which shall be furnished to the appellee.
 The filing of the memorandum is vital to his appeal. Failure to so file shall be a
ground for dismissal of the appeal.
 The memorandum shall briefly discuss the errors imputed to the lower court.

APPEAL FROM AN ORDER DISMISSING A CASE FOR LACK OF JURISDICTION

 A case may be dismissed in the MTC without a trial on the merits.

 Under Sec 8, Rule 40, if however the dismissal in the MTC is made on the
ground of lack of jurisdiction over the subject matter, and the RTC on appeal
affirms the dismissal, the action of the latter court, if it has jurisdiction, the
rules requires the RTC to try the case on the merits as if the case was originally
filed with it.
  Note that when a case is dismissed pursuant to a motion to dismiss or motu
proprio for lack of jurisdiction, the order of dismissal is one without prejudice
because the plaintiff may refile the complaint with the court with proper
jurisdiction.
 The tenor, however of S8, R40 on the other hand indicates that the rule allows
an appeal from an order of the MTC dismissing a case for lack of jurisdiction. It
should be considered as an exception to Sec 1, Rule 41 which precludes an
appeal from an order dismissing an action without prejudice.

NOTE: The decision of the MTC in the exercise of its delegated jurisdiction in cadastral
and land registration cases shall be appealable to CA in the same manner as decisions
of the RTC. (Sec 34, BP 129)

II. APPEAL FROM RTC TO THE COURT OF APPEALS (RULE 41)

There are 3 modes of appeal from the decision of the RTC namely:

a) ORDINARY APPEAL
 Where the judgment was rendered by the court in the exercise of its
original jurisdiction.
 This mode of appeal is governed by RULE 41 and is taken to the CA
 On questions of fact or mixed questions of fact and law.
b) PETITION FOR REVIEW
 Where judgment was rendered by the court in the exercise of its
appellate jurisdiction.
 This mode of appeal is covered by RULE 42 and is bought to CA
 On questions of fact, questions of law or mixed questions of fact and law.
c) PETITION FOR REVIEW ON CERTIORARI
 This mode is brought to the SC from the decision of the RTC
 In the exercise of its original jurisdiction.
 Only questions of law.

WHEN TO APPEAL

Shall be taken within 15 days from notice of the judgment or final order appealed
from.

HOW TO APPEAL

 Filing a notice of appeal with the court which rendered the judgment or final
order appealed from, and
 Serving a copy thereof upon the adverse party.
RESIDUAL JURISDICTION

Power of the trial court after it has lost jurisdiction but prior to the transmittal of the
original record or the record on appeal to:

1) Issue orders for the protection and preservation of the parties rights
which do not involve any matter litigated by the appeal;
2) Approve compromises;
3) Permit appeals of indigent litigants;
4) Order execution pending appeal in accordance with S2, R39
5) Allow withdrawal of the appeal.

There is no residual jurisdiction to speak of where no appeal or petition has even been
filed. (Fernandez vs. CA)

III. PETITION FOR REVIEW FROM RTC TO CA (RULE 42)

Applies to an appeal from the judgment or final order of the RTC to the CA in cases
decided by the former in the exercise of its appellate jurisdiction.

WHEN TO APPEAL

Shall be made within 15 days from notice of the decision sought to be reviewed or of
the denial of petitioner’s motion for new trial or reconsideration.

HOW TO APPEAL

The appeal shall be made by filing a verified petition for review with the CA, paying at
the same time to the clerk of court the corresponding docket and other lawful fees

STAY OF JUDGMENT

The appeal, as a rule, shall stay the judgment or final order, unless the CA, the law or
the rules shall provide otherwise. Except in civil cases decided under the Rules on
Summary Procedure.

NOTE: The doctrine of Residual Jurisdiction also applies to rule 42.

IV. APPEAL BY CERTIORARI TO THE SUPREME COURT (RULE 45)

 Commonly known as Petition for review on Certiorari.

 Appeal from the judgment or final order of the RTC in cases where only
questions of law are raised or are involved.
  The case is one decided by the said court in the exercise of its original
jurisdiction.

APPLICATION:

1) Appeal from judgment of CA where the petition shall raise only question of law;
2) Sandiganbayan to SC only questions of law distinctly set forth;
3) Decisions or ruling of the CTA en banc
4) Appeals from the judgment or final order in a Petition for a writ of Amparo to
the SC, the question raised need not only be question of law but also question
of fact or both law and fact.

FACTUAL-ISSUE-BAR RULE

The jurisdiction of the SC in cases brought before it from the CA is limited to reviewing
and revising the errors imputed to it, its findings of fact being conclusive. Finding of
fact of the CA, when supported by substantial evidence, are conclusive and binding on
the parties and are not reviewable by the court.

V. OTHER APPEALS OR REVIEW

1. APPEALS FROM QUASI-JUDICIAL BODIES (RULE 43)

 Appeals from judgment and final orders of quasi-judicial bodies/agencies,

enumerated in Rule 43 are now required to be brought to the CA under the
requirements and conditions set forth in Rule 43.
 The appeal may be taken on the CA whether the appeal involves a question of
fact, a question of law, or mixed questions of fact and law.

2. APPEALS FROM SANDIGANBAYAN

Decisions and final orders of the Sandiganbayan shall be appealable to the SC by way
of Certiorari under Rule 45 raising pure questions of law.

3. APPEALS FROM COURT OF TAX APPEALS

 A party adversely affected by a resolution of a division of the CTA on a motion

for reconsideration or new trial may file a petition for review with the CTA en
banc.
 A party adversely affected by a decision or ruling of the CTA en banc may file
with the SC a verified petition for review on certiorari pursuant to Rule 45.

4. REVIEW OF JUDGMENT OF THE COMELEC

  A judgment, resolution or final order of the COMELEC may be brought by the
aggrieved party to the SC on Certiorari under Rule 65 (Sec2, Rule 64) by filing a
petition within 30 days.
 The review by the SC is limited only to the jurisdictional issue of whether the
Commission acted without or in excess of its jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction.

5. REVIEW OF JUDGMENT OF THE COA

A judgment, resolution or final order of the COA may be brought by the aggrieved
party to the SC on Certiorari under Rule 65 within 30 days from notice. (Rule 64)

6. REVIEW OF JUDGMENTS OF THE CIVIL SERVICE COMMISSION

A judgment, final order or resolution of the CSC may be taken to the CA under Rule
43 of the Rules of court. The appeal shall be taken within 15 days from notice. (Rule
43)

7. REVIEW OF THE RULINGS OF THE OMBUDSMAN

 The CA under Rule 43 has jurisdiction over orders, directives and decisions of
the Office of the Ombudsman in administrative disciplinary cases only.
(Golangco vs. Fung)
 In criminal cases, the ruling of the Ombudsman shall be elevated to the SC by
way of Rule 65. The SC’s power of review over resolutions and orders of the
Office of the Ombudsman is restricted only to determining whether grave abuse
of discretion has been committed by it.
 The decision of the Ombudsman is immediately executory and may not be
stayed by the filing of an appeal or the issuance of an injunctive writ.

8. REVIEW OF DECISIONS OF NLRC

 The remedy of a party aggrieved by the decision of the NLRC is to promptly

move for the reconsideration of the decision.
 If denied, to timely file a special civil action for Certiorari under Rule 65 within
60 days from the notice of decision.
 In observance of hierarchy of courts, the petition should be filed with the CA.
(St. Martin Funeral Home vs. NLRC)
 From the CA, the remedy of the aggrieved party is an appeal via a petition for
review on Certiorari (Rule 45) to the SC. (Dongon vs. Rapid Movers and
Forwarders)

VI. RELIEF FROM JUDGMENTS, ORDERS AND OTHER PROCEEDINGS (RULE 38)
NATURE OF THE PETITION

 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.
 Also, a party who has filed a motion for new trial, but which was denied, cannot
file a petition for relief. These two remedies are said to be exclusive of each
other. (Francisco vs. Puno)

GROUNDS:

a.) When a judgment or final order is entered, or any other proceeding is thereafter
taken against the petitioner in any court through fraud, accident, mistake, or
excusable negligence; or

b.) when the petitioner has been prevented from taking an appeal by fraud,
accident, mistake, or excusable negligence.

WHEN TO FILE

 The petition shall be filed within 60 days after the petitioner learns of the
judgment, final order or proceeding, and
 Not more than 6 months after such judgment or final order was entered, or
such proceeding was taken.

CONTENTS OF THE PETITION

 The petition must be verified and accompanied with affidavits showing 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. (S3)

NOTES:

 The fraud that is ground for the filing of a petition for relief is “extrinsic fraud”.
Is that fraud which the prevailing party caused to prevent the losing party from
being heard on his action or defense.
 A petition for relief from judgment, together with MNT and MR, are remedies
available only to parties in the proceedings where the assailed judgment is
rendered.
 A petition for relief is available not only against a judgment or final order but
also in any other proceeding is thereafter taken against a party in any court
through fraud, accident, mistake, or excusable negligence.
 A petition for relief from judgment is not an available remedy in the SC.
VII. ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS
(RULE 47)

NATURE OF THE ACTION

 An action for annulment of judgment is a remedy in law independent of the

case where the judgment sought to be annulled was rendered.
 The purpose of such action is to have the final and executory judgment set
aside so that there will be renewal of litigation.
 It is resorted to in cases where the ordinary remedies of new trial, appeal,
petition for relief from judgment, or other appropriate remedies are no longer
available through no fault of the petitioner.
 It is an exception to the final judgment rule. (Diona vs. Balangue)

GROUNDS:

a. Extrinsic fraud
b. Lack of jurisdiction
c. Denial of due process

PERIOD FOR FILING THE ACTION

 If based on extrinsic fraud, the action must be filed within 4 years from its
discovery.
 If based in lack of jurisdiction, the action must be brought before the action is
barred by laches or estoppel.

WHO MAY FILE THE ACTION

The petitioner need not be a party to the judgment sought to be annulled to acquire
personality to file the action for annulment of judgment.

What is essential is that the petitioner is one who can prove his allegation that the
judgment was obtained by the use of fraud and collusion, and that he was affected
thereby.

EFFECTS OF JUDGMENT OF ANNULMENT

 A judgment of annulment based on lack of jurisdiction shall have the effect of

setting aside the questioned judgment or final order and rendering the same
null and void, but the judgment of annulment is without prejudice to the
refilling of the original action in the proper court.
 Where the judgment or final order is set aside and annulled on the ground of
extrinsic fraud, the court, upon motion, may order the trial court to try the case
as if a motion for new trial was granted.
 The judgment of annulment may include the award of damages, attorney’s fees
and other relief.
NOTE:

 Extrinsic fraud shall not be a valid ground if it was availed of, or could have
been availed of in a motion for new trial or petition for relief
 Lack of jurisdiction as a ground for annulment of judgment, refers to either lack
of jurisdiction over the person of the defending party or over the subject matter
of the claim.

VIII. COLLATERAL ATTACK OF JUDGMENTS

DISTINCTION BETWEEN A DIRECT ATTACK FROM A COLLATERAL ATTACK

DIRECT ATTACK COLLATERAL ATTACK

Is made through an action or proceeding, the main Is made when, in another action to obtain a
object of which is to annul, set aside or enjoin the different relief, an attack on the judgment is made
enforcement of such judgment, if not yet carried in as an incident in said action. This is proper only
to effect; or if the property has been disposed of, when the judgment, on its face, is null and void, as
the aggrieved party may sue for recovery. where it is patent that the court, which rendered
said judgment, has no jurisdiction.

IX. EXECUTION, SATISFACTION, AND EFFECT OF JUDGMENTS (RULE 39)

MEANING OF EXECUTION

Execution is the remedy afforded for the satisfaction of a judgment. Its object
being to obtain satisfaction of the judgment on which the writ is issued. It is the fruit
and end of the suit, and is the life of the law.

1. DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR PURPOSES OF APPEAL;

FOR PURPOSES OF EXECUTION

 A judgment which is “immediately executory” may be appealed but the appeal

does not stay the execution of the judgment or final order.
 A judgment or final order which is “immediately final and executory” may not be
appealed.
Example:
1. judgment in summary judicial proceedings in the family law (Art 247, FC)
2. judgment for direct contempt (S2,R71)
3. compromise judgments (Art 2037, CC)
4. judgment in cases covered by the Rule of Procedure for Small claims cases.

2. WHEN EXECUTION SHALL ISSUE

 Execution is a matter of right upon the expiration of the period to appeal and no
appeal was perfected from a judgment or order that disposes of the action or
proceeding.
  Once a judgment becomes final and executory, the prevailing party can have it
executed as a matter of right, and the issuance of a writ of execution becomes
the ministerial duty of the court. (Buaya vs. Stronghold co.)

DISCRETIONARY EXECUTION

The concept of discretionary execution constitutes an exception to the general rule

that a judgment cannot be executed before the lapse of the period for appeal or during
the pendency of an appeal.

Discretionary execution does not require a final and executory judgment but simply a
final judgment or order.

REQUISITES:

1) There must be a motion filed by the prevailing party with notice to the adverse party;
2) There must be a hearing of the motion for discretionary execution;
3) The motion must be filed in the trial court while it has jurisdiction over the case and is
in possession of either the original record or the record on appeal;
4) There must be good reasons to justify the discretionary execution; and
5) The good reasons must be stated in a special order.

3. HOW A JUDGMENT IS EXECUTED

Execution shall issue on motion. There is, therefore, a need to file a motion before the
issuance of a writ of execution.

A. EXECUTION BY MOTION OR BY INDEPENDENT ACTION

 Execution by motion if the enforcement of the judgment sought within 5 years

from the date of its entry; and
 Execution by independent action if the 5 year period has elapsed and before it
is barred by the Statute of Limitations.

The rule is that the court could issue a writ of execution by motion within 5 years from
finality of the decision.

A writ of execution issued after the expiration of that period is null and void. There is a
need for the interested party to file an independent action for revival of judgment.

B. ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION

The writ of execution is issued in the name of the Republic of the Philippines and shall
state:

1) The name of the court which granted the motion;

2) The case number and title
3) The dispositive portion of the judgment or order subject of the execution, and
 4) Shall require the sheriff or other proper officer to whom it is directed to enforce
the writ according to its terms.

WHERE APPLICATION FOR EXECUTION MADE

Execution shall be applied for in the court of origin. If an appeal has been duly
perfected and finally resolved, the execution may be applied for also in the court of
origin on motion of the judgment obligee.

LIFETIME OF THE WRIT OF EXECUTION

 The writ is enforceable within the 5 year period from entry of judgment as
provided for in Sec 6 of Rule 39 because within that period, the writ may be
enforced by motion.

NO APPEAL FROM AN ORDER OF EXECUTION

A party desiring to assail an order of execution may instead file an appropriate special
civil action under Rule 65.

C. EXECUTION OF JUDGMENTS FOR MONEY

 The sheriff is required first to demand from the judgment obligor the immediate
payment of the full amount stated in the writ of execution before a levy can be
made.
 The sheriff shall demand such payment either in cash, certified bank check or
any other mode of payment that is acceptable to the judgment obligee.
 If the judgment obligor cannot pay by these methods immediately or at once, he
can exercise his option to choose which among his personal properties can be
levied upon.
 If he does not exercise this option, he waives such right and the sheriff can now
first levy his personal properties, if any, and then the real properties if the
personal properties are insufficient to satisfy the judgment.

TAKE NOTE:

 The levy by the sheriff may be done only if the judgment obligor cannot pay in
full or part of the obligation.
 The sheriff cannot and should not be the one to determine which property to
levy if the judgment obligor cannot immediately pay because it is the judgment
obligor who is given the option to choose which property may be levied upon to
satisfy the judgment. (Leachon vs. Pascua)
 It is basic principle of law that money judgments are enforceable only against
property unquestionably belonging to the judgment debtor.

LEVY OF ENCUMBERED PROPERTY

In a contract of mortgage, the debtor retains beneficial interest over the property
notwithstanding the encumbrance, since the mortgage only serves to secure the
fulfillment of the principal obligation.

Indeed, even if the debtor defaults, this fact does not operate to vest in the creditor the
ownership of the property; the creditor must still resort to foreclosure proceedings.
Thus, a mortgaged property may still be levied upon by the sheriff to satisfy the
judgment debtor’s obligations. (Golden Sun Finance Corp. vs. Albano)

Even the pendency of a proceeding for replevin would not serve to prevent the sheriff
from levying on the property since the fact of default and the right to foreclose had to
be settled in the proceeding.

EFFECT OF LEVY AND SALE OF PROPERTY

The result of the execution was that title over the subject property is vested
immediately in the purchaser subject only to the right to redeem the property within
the period provided by law.

The right acquired by the purchaser at an execution sale is inchoate and does not
become absolute until after the expiration of the redemption period without the right
of redemption having been exercised.

D. EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS

The court may direct the act to be done by someone at the cost of the disobedient
party and the act when so done shall have the effect as if done by the party.

E. EXECUTION OF SPECIAL JUDGMENT

A special judgment is one which require the performance of any act, other than
payment of money or the sale or delivery of real or personal property, which a party
must personally do because of his personal qualifications and circumstances have
been taken into consideration. (Caluag vs. Pecson)

HOW EXECUTED OR ENFORCED

 A certified copy of the judgment shall be attached to the writ of execution.

 And served by the officer upon the party against whom the same is rendered or
upon any other persons required thereby, or by law, to obey the same
 And such party or person may be punished for contempt if he disobeys the
same.

F. EFFECT OF LEVY ON THIRD PERSONS

The levy on execution shall create a lien in favor of the judgment oblige over the right,
title and interest of the judgment obligor in such property at the time of the levy,
subject to liens and encumbrances then existing.

4. PROPERTIES EXEMPT FROM EXECUTION

1) FAMILY HOME and homestead

2) LETTERED GRAVESTONES.
3) INSURANCE (LIFE) proceeds.
4) PROVISONS for individual or family use sufficient for 4months.
5) CLOTHING and articles for ordinary personal use.
6) HOUSEHOLD furniture and utensils not exceeding 100K.
7) IMPLEMENTS and tools (ordinary) used in livelihood.
8) EARNINGS, salaries, and wages for personal services within 4months preceding
the levy.
9) FISHING BOAT and accessories not exceeding 100K.
10) SUPPORT, or pension or gratuity from govt.
11) LAW specially exempts
12) BEASTS OF BURDEN
13) PROFESSIONAL LIBRARIES & EQUIPMENT not exceeding 300K.

The exemptions must be claimed at the time the sheriff is effecting the levy and
garnishment; otherwise these are deemed waived.

However, in the case of exemption of the family home, the same may be raised before
the sale of the property. (Sps. Versola vs. CA)

5. PROCEEDINGS WHERE PROPERTY IS CLAIMED BY 3RD PERSONS; TERCERIA

 A person not a party to the action, claiming a property levied upon may execute
an affidavit of his title or right of possession over the property.
 Such affidavit must state the grounds of such right or title.
 The affidavit shall be served upon the officer making a levy and a copy thereof
must also be served upon the judgment obligee.
 Thereafter, the officer is not bound to keep the property, unless the judgment
obligee on demand of the office, files a bond approved by the court to indemnify
the 3rd-party claimant in a sum not less than the value of the property.
 The property may avail of the claim while the property is still in possession of
the officer and before it is sold at execution.

REMEDIES AVAILABLE TO A 3RD PARTY WITH A CLAIM TO TITLE OR POSSESSION

OF PROPERTY WHICH IS LEVIED UPON BY A COURT:

1) Motion for application with the court for the release of the property.
2) Third-party claim or terceria
3) An action to claim damages in the indemnity bond if one is filed.
 4) A separate reivindicatory action to recover possession of the property from the
officer or the purchaser at the execution sale.

WHO MAY REDEEM THE REAL PROPERTY SOLD?

1) The judgment obligor or his successor-in-interest.

2) The redemptioner, that is, a creditor having a lien by virtue of an attachment,
judgment, or mortgage on the property sold subsequent to the lien under which
the property was sold.

NOTE: A husband can file a third-party claim if the conjugal property is being levied
upon to answer for the separate obligation of the wife.

6. RULE ON REDEMPTION

 The real property sold may be redeemed from the purchaser, at any time within
1 year from the date of the registration of the certificate of sale.
 If there are other creditors having a lien on the property, the property so
redeemed may again be redeemed within 60 days from the last redemption.

EFFECT IF NO REDEMPTION IS MADE

If no redemption is made within 1 year from the date of registration of the certificate
of sale, the purchaser is entitled to a conveyance and possession of the property.

7. EXAMINATION OF JUDGMENT OBLIGOR WHEN JUDGMENT IS UNSATISFIED

The judgment obligee is entitled to an order from the court which rendered the
judgment, requiring the judgment obligor to appear and be examined concerning his
property and income before the court or a commissioner appointed by the court.

8. EXAMINATION OF OBLIGOR OF JUDGMENT OBLIGOR

The person indebted to the judgment obligor may pay to the sheriff holding the writ of
execution the amount of his debt and shall constitute a sufficient discharge of the
debt. (S37 & 39, R39)

REVIVAL OF JUDGMENT (SEC 34)

 Procedural means of securing the execution of a previous judgment which has

become dormant after the passage of 5 years without it being executed upon
motion of the prevailing party.
 It is a new and independent action, different and distinct from either the
recovery of property case or reconstitution case.
 It must be filed within 10 years from the date of judgment become final.
 It is deemed a new judgment separate and distinct from the original judgment.

JURISDICTION
RTC has original and exclusive jurisdiction. An action for revival of judgment is an
action incapable of pecuniary estimation

VENUE

 If the action for revival of judgment is a real action, it must be filed with court
having jurisdiction over the place where the real property is situated.
 If personal action, the venue lies with the residence of either the plaintiff or
defendant at the option of the plaintiff. (Infante vs. Aran Builders)

NOTE: The 5 and 10 year periods do not apply to special proceedings such as land
registration and cadastral cases where the right to apply for a writ of possession is
imprescriptible.
III. CIVIL PROCEDURE

ACTIONS

CIVIL ACTION CRIMINAL ACTION SPECIAL PROCEEDINGS

Is one by which a party Is one by which the state, Is an action to establish a
sues another for the prosecutes a person for an status, a right, or a
enforcement or protection act or omission punishable particular fact.
of a right, or the prevention by law.
or redress of a wrong.

REAL AND PERSONAL ACTIONS

REAL ACTIONS PERSONAL ACTIONS

Is one which affects title to or possession All other actions are personal actions.
of real property or interest therein.
A real action is “local”, its venue depends A personal action is “transitory”, its venue
upon the location of the property involved depends upon the residence of the
in the litigation. plaintiff or the defendant.
EXAMPLES: EXAMPLES:
1) Action to recover ownership and 1) Action to recover ownership or
possession of land possession of personal action
2) Foreclosure of real estate mortgage 2) Action for specific performance
3) Partition 3) Action for collection of sum of
4) Ejectment money.
5) Quieting of title.

SIGNIFICANCE OF THE DISTINCTION

The distinction between a real action and personal action is important for the purpose
of determining the venue of the action. Questions involving the propriety or
impropriety of a particular venue are resolved by initially determining the nature of the
action.

ACTIONS IN REM, IN PERSONAM AND QUASI IN REM

ACTION IN REM ACTION IN PERSONAM ACTION QUASI IN REM

Is one which is not directed Is one which is directed Is one which is directed
against a particular person against particular persons against particular persons
but on the thing or res and seeks a relief which but seek to reach and
itself and which asks the would be binding only dispose of or deal with
court to make a declaration upon such particular their property located in
of or to dispose of or deal person. the Philippines.
with the res. It is similar to an action in
The thing or res may be rem in that the purpose is
personal or real property or to dispose of or deal with
it may be a status, right or property(res) in the
particular fact. Philippines.
However, like an action in
personam, it is brought
against a particular
persons and the judgment
therein is binding only
upon the parties thereto.
EXAMPLES: EXAMPLES: EXAMPLES:
1) Application for 1) Action for a sum of 1) Judicial foreclosure
original registration money of mortgage
of a parcel of land 2) Action for specific 2) Action in personam
2) Special proceedings, performance in which property of
the object of which the defendant has
is to establish the been attached. The
res attachment converts
3) Petition for the action to one
declaration of quasi in rem.
insolvency 3) Action for partition
4) Escheat proceedings and accounting
5) Petition for change 4) Action to quiet title
of name under and to remove cloud
R103. 5) Action for partition.

SIGNIFICANCE OF THE DISTINCTION

The distinction is important to determine whether or not jurisdiction over the person
of the defendant is required and consequently to determine the type of summons to be
employed.

Jurisdiction over the person of the defendant is necessary for the court to validly try
and decide a case against said defendant where the action is one in personam, but not
where the action is in rem.

CAUSE OF ACTION

A cause of action is the act or omission by which a party violates the rights of another.

2. RIGHT OF ACTION AND CAUSE OF ACTION

RIGHT OF ACTION CAUSE OF ACTION

The right to commence and maintain an
action.
A remedial right belonging to some Formal statement of the operational facts
persons that give rise to such remedial right.
A matter of right and depends on the Matter of statute and is governed by the
substantive law. law of procedure.
3. FAILURE TO STATE A CAUSE OF ACTION AND LACK OF CAUSE OF ACTION

FAILURE TO STATE A CAUSE OF ACTION LACK OF CAUSE OF ACTION

An insufficiency in the allegations in the Failure to prove or establish by evidence
complaint that one has a cause of action.
The ground for dismissal in relation to a
cause of action, is that “the pleading
asserting the claim states no cause of
action”.
It is raised in a motion to dismiss before a It is raised in a demurrer to evidence after
responsive pleading is filed, and can be the plaintiff has rested his case, and can
determined only from the allegations in be resolved only on the basis of the
the pleading and not from evidentiary evidence he has presented in support of
matters. (take note of the 2019 amendment) his claim.

4. TEST OF SUFFICIENCY OF A CAUSE OF ACTION

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 in the complaint. (Misamis Occidental Coop, Inc
vs. David)

5. SPLITTING A SINGLE CAUSE OF ACTION AND ITS EFFECTS

Splitting a single cause of action is the act of instituting two or more suits on the basis
of the same cause of action.

In splitting a cause of action the pleader divides a single cause of action, claim or
demand into two or more parts and brings a suit for one of such parts with the intent
to reserve the rest for another separate action (Quadra vs. CA)

The practice of splitting a single cause of action is discouraged because it breeds

multiplicity of suits, clogs the court dockets, leads to vexatious litigation, operates as
an instrument of harassment, and generates unnecessary expenses to the parties.

It applies not only to complaints but also to counterclaims and cross-claims.

EFFECT

If the first action is pending when the second action is filed, the latter may be
dismissed based on litis pendencia.
If a final judgment had been rendered in the first action when the second action is
filed, the latter may be dismissed based on res judicata.

6. JOINDER AND MISJOINDER OF CAUSES OF ACTION

Joinder of causes of action is the assertion of as many causes of action as a party may
have against another in one pleading alone.

RULES GOVERNING JOINDER OF CAUSES OF ACTION

1) The party joining the causes of action must comply with the rule on joinder of
parties under S6,R3
2) The joinder must not include special civil actions or actions governed by special
rules.
3) If the cause of action are between the same parties, but the cause of action
pertain to different venues or jurisdiction, the joinder may be allowed in the
RTC provided that one of the causes action falls within its jurisdiction and the
venue lies therein.
4) If the claims in all causes of action are principally for the recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.

REMEDY IN CASE OF MISJOINDER OF ACTIONS

The erroneously joined cause of action can be severed and proceeded with separately
upon motion by a party or upon the court’s own initiative.

PARTIES TO CIVIL ACTIONS

1. REAL PARTIES IN INTEREST

Is the party who stands to be benefited or injured by the judgment in the suit, or the
party entitled to the avails of the suit.

If an action is prosecuted or defended in the name of someone who is not the real
party in interest, the remedy of the defendant is to file a motion to dismiss on the
ground “that the pleading asserting the claim states no cause of action”.

INDISPENSABLE PARTY NECESSARY PARTY

Is a real party in interest without whom no One who is not indispensable but who ought
final determination can be had of an action. to be joined as a party to the case if complete
relief is to be accorded as to those already
parties, or for a complete determination or
settlement of the claim subject of the action.
Must be joined under any and all conditions Should be joined whenever possible
No final determination may be had of an A final determination may be had of an action
action if an indispensable party is not even if necessary party is not impleaded.
impleaded.
If an indispensable party is not impleaded by The failure by the plaintiff to implead a
the plaintiff despite a court order, the court necessary party despite court order will not
may dismiss the case for failure to prosecute. result in the dismissal of the case but simply
the waiver of the plaintiff’s claim against such
necessary party.
REPRESENTATIVES AS INDIGENT PARTIES ALTERNATIVE
PARTIES DEFENDANTS
Some actions may be A party may be authorized Where the plaintiff cannot
allowed to be prosecuted or to litigate as an indigent if definitely identify who
defended by a the court is satisfied that among the two or more
representative or someone the party is one who has persons should be
acting in fiduciary capacity no money or property impleaded as defendant, he
like a trustee of an express sufficient and available for may join all of them as
trust, a guardian, an food, shelter and basic defendants in the
executor or administrator, necessities for himself and alternative.
or a party authorized by his family.
law or by the rules. The amount of the docket
The beneficiary shall be and other lawful fees which
included in the title of the the indigent was exempted
case and shall be deemed from paying shall be lien
to be the real party in on the judgment rendered
interest. Impleading the in the case favorable to the
beneficiary is mandatory. indigent.

2. COMPULSORY AND PERMISSIVE JOINDER OF PARTIES

The rule requires that before there can be a proper joinder of parties, a right of relief
exists in favor of or against several persons whether jointly, severally, or in the
alternative, and that the right to relief arises out of the same transaction or series of
transactions and that there exists a question of law or fact common to all such
plaintiffs or to all such defendant.

NOTE: This requirement does not apply when there is only one plaintiff and one
defendant because in this case there are no parties to be joined.

3. MISJOINDER AND NON-JOINDER OF PARTIES

Neither misjoinder nor non-joinder of parties is ground for dismissal of an action.

Parties may be dropped or added by (1) order of the court, (2) on motion of any party
or (3) on its own initiative at any stage of the action and on such terms as are just.

4. CLASS SUIT

A class suit is an action where one or more may sue for the benefit of all if the
requisites for said action are complied with.

REQUISITES:
 1) The subject matter of the controversy must be of common or general interest to
many persons;
2) The persons are so numerous that it is impracticable to join all as parties;
3) The parties actually before the court are sufficiently numerous and
representative as to fully protect the interest of all concerned; and
4) The representatives sue or defend for the benefit of all.

NOTE: A class suit shall not be dismissed or compromised without the approval of the
court.

5. SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY

 When two or more persons not organized as an entity with juridical personality
enter into a transaction, they may be sued under the name by which they are
generally or commonly known.
 The responsive pleading of the entity sued must disclose the names and
addresses of its members since they are the persons liable to the plaintiff.
 Where the plaintiff is not a natural or juridical person or an entity authorized
by law, a motion to dismiss may be filed on the ground that the “plaintiff has no
legal capacity to sue”. (NOTE: under the new rules the ground must be averred in the
answer of the defendant, since motion to dismiss under the new rules is prohibited
subject to some exceptions  )

6. EFFECT OF DEATH OF PARTY LITIGANT

 Whenever a party to a pending action dies, it is the duty of the counsel of the
deceased party to inform the court of such fact within 30 days after such death.
 The counsel has the obligation to give the name and address of the legal
representative of the deceased.
 This duty is mandatory and failure to comply therewith is a ground for
disciplinary action.
 Upon receipt of the notice of death, the court shall determine whether or not the
claim is extinguished by such death.
 If the claim survives, the court shall order the legal representative/s of the
deceased to appear and be substituted for the deceased within 30 days from
notice.

VENUE

1. REAL ACTIONS AND PERSONAL ACTIONS

REAL ACTION PERSONAL ACTIONS

Real actions shall be commenced and Personal actions may be commenced and
tried in the proper court which has tried where the plaintiff or any of the
jurisdiction over the area wherein the real principal plaintiff resides, OR where the
property involved, or a portion thereof is
defendant or any of the principal
situated. defendants resides, at the election of the
plaintiff.
2. VENUE OF ACTIONS AGAINST NON-RESIDENTS

TYPES OF ACTION NON-RESIDENT NON-RESIDENT

DEFENDANT FOUND IN DEFENDANT NOT FOUND
THE PHILIPPINES IN THE PHILIPPINES
1. PERSONAL ACTION The action may be
commenced and tried
where the plaintiff resides,
or where the non-resident
defendant may be found, at
the election of the plaintiff.
2. REAL ACTIONS Where the property
involved, or portion thereof
is situated.
3. ACTIONS AFFECTING The action may be
THE PERSONAL STATUS commenced and tried in
OF PLAINTIFF, OR ANY the court of the place
PROPERTY OF where the plaintiff resides,
DEFENDANT LOCATED IN OR where the property or
PHILIPPINES any portion thereof is
situated or found.

3. WHEN THE RULES ON VENUE DO NOT APPLY

1) In those cases where a specific rule or law provides otherwise.

2) Where the parties have validly agreed in writing before the filing of the action on
the exclusive venue thereof.

Written stipulations as to venue, according to the Court, are either mandatory or

permissive.

Where the venue stipulated upon is mandatory or restrictive, the complaint is to be

filed only in the stipulated venue. The parties would and should have an
accompanying language clearly and categorically expressing their purpose and design
that actions between them be litigated only at the place named by them. Examples of
words with restrictive meanings are: “only”, “solely”, “exclusively in this court”, “in no
other court save—“, “particularly”, “nowhere else but/except—“ or words of equal
import.

Where the stipulated venue is merely permissive, the complaint may be filed in the
place designated by the Rules or in the place stipulated.