MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION1

Grounds CTA, Quasi-judicial fact or both

1. Fraud, accident, mistake, or 1. Damages awarded are excessive; Rule agencies, and
Petition for review
excusable negligence; or 2. Evidence is insufficient to justify the 433 Ombudsman (in admin.
2. Newly discovered evidence2 decision or final order; or disciplinary cases)  CA
3. Decision or final order is contrary to RTC (original), CA, Questions of law
Petition for review
law Rule 45 Sandiganbayan, and
on certiorari
CTA en banc  SC
Period
15 days from notice of judgment
Period to Appeal Action of the court
How proven
1. Appeal from order of
1. For FAME – affidavits of merits dismissal w/o trial on the
2. For NDE – affidavits of witnesses or
by duly authenticated documents merits  Affirm or reverse
2. Appeal from order of
Basis of the judgment dismissal for lack of
Based solely on the pleadings (Rule 24, Based on pleadings, depositions, and Notice of appeal - Within 15 jurisdiction over subject
Sec. 1) admissions (Rule 25, Sec. 3) days after notice of the judgment matter  Try case on the
Rule 40 or final order merits, if it has jurisdiction
Action upon motion
 If it has jurisdiction over
1. Set aside the judgment or final order 1. Amend judgment or final order When record on appeal is SM, try the case
and grant a new trial; or accordingly; or required4 – Within 30 days after 3. Case tried on the merits
2. Deny the motion 2. Deny the motion notice of the judgment or final without jurisdiction over SM
Availability of second motion order  Decide the case, if it has
1. May be filed within the time original jurisdiction
provided; and
2. Must be based on a ground not Not allowed Rule 415
existing or available when the first
motion was made
1. Require filing of a comment
Remedy against an order denying the motion
on the petition; or
Appeal from the judgment or final order (subject of the motion for new trial), subject
Rule 42 2. Dismiss; or
to fresh period of 15 days Within 15 days from notice of the 3. Order reversal or
decision sought to be reviewed or modification of decision
APPEALS of denial of petitioner’s MR/MNT

Issues that may be Rule 43

Mode of Appeal Courts involved
raised
Questions of law or Within 15 days from notice of the 1. Grant the review; or
Rule 40 Filing of a notice of MTC  RTC award, judgment or final order, or 2. Deny the petition
fact or both Rule 45
appeal or record from the date of denial of
Questions of fact, or
Rule 41 on appeal RTC (original)  CA petitioner’s MR/MNT
mixed fact and law
Rule 42 Petition for review RTC (appellate) CA Questions of law or

3
Unlike the other modes of appeal, a Rule 43 appeal shall not stay the award or judgment,
unless the CA directs otherwise
4
Required in special proceedings and in other cases of multiple or separate appeals,
1
Stays execution of judgment among other instances
2 5
Only ground when availed of on appeal Period interrupted by a timely MNT/MR
 POST-JUDGMENT REMEDIES

MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION RELIEF FROM JUDGMENT ANNULMENT OF JUDGMENT
(Rule 37) (Rule 37) (Rule 38) (Rule 47)
Through FAME, party was:
1. Damages awarded are excessive;
1. Judgment or final order is entered
1. FAME; or 2. Evidence insufficient to justify the Extrinsic fraud6 or
Grounds or any other proceeding is
2. Newly discovered evidence decision; or Lack of jurisdiction
thereafter taken; or
3. Decision is contrary to law
2. Prevented from taking an appeal
Where to file In the same court; in the same case Appellate court
Extrinsic fraud – within 4 years from
Within 60 days from knowledge of
its discovery
judgment or proceeding to be set aside
Period to file 15 days from notice of judgment
AND 6 months from entry of judgment
Lack of jurisdiction – before action is
or proceeding
barred by laches or estoppel
Action in
Hearing Preliminary conference; hearing Procedure in ordinary civil cases
court
1. Extrinsic fraud
a. Questioned order is set aside
and rendered void (without
prejudice to re-filing of original
action in proper court); and
b. Prescriptive period to re-file
1. Set aside the judgment or other
deemed suspended from
proceeding complained of (the
filing until finality of judgment
case shall stand as if the judgment
Set aside the judgment or final order, of annulment
or proceeding had never been
Effects if and grant a new trial 2. Lack of jurisdiction
Amend such judgment accordingly rendered or taken) or
granted a. Upon motion, court may order
2. Set aside denial of appeal, and
Note: Partial new trial may be granted the trial court to try the case
require lower court to give due
as if a MNT was granted; and
course to the appeal (as if a proper
b. Prescriptive period will not be
appeal had been made)
suspended if the extrinsic
fraud is attributable to the
plaintiff in the original action

*If judgment already executed, order

restitution, other reliefs
Remedy if
Appeal from judgment or final order Rule 65
denied

6
Not valid ground if it was availed of or could have been availed of in a MNT or petition for relief
 PROVISIONAL REMEDIES

PRELIMINARY SUPPORT PENDENTE

PRELIMINARY ATTACHMENT RECEIVERSHIP REPLEVIN
INJUNCTION LITE
To have adverse party’s property be To require a party to To have a receiver appointed to To recover To compel adverse party to
attached as security for the satisfaction of perform or refrain from preserve the property in litigation and possession of provide support while action
Purpose any judgment performing particular prevent its possible destruction or personal property is pending in court
acts during the dissipation if it were left in the
pendency of the action possession of any party
1. In an action for recovery of a specified 1. Applicant is entitled 1. Party applying for the
amount of money or damages (except to the relief appointment of a receiver has
moral or exemplary) on a cause of demanded; or interest in the property or fund
action arising from law, contract, quasi- 2. Commission, subject of the action or
contract, delict, or quasi-delict against a continuance or proceeding, and that such
party who is about to depart from the non-performance of property or fund is in danger of
Philippines with intent to defraud his the act complained being lost, removed, or
creditors; of would work materially injured unless a
2. In an action for money or property injustice to the receiver be appointed to
embezzled or fraudulently misapplied applicant; or administer and preserve it;
or converted to his own use by a public 3. Party, court, 2. In an action by the mortgagee
officer, or an officer of a corporation, or agency, or a for the foreclosure of a
an attorney, factor, broker, agent, or person is doing, mortgage, the property is in
clerk, in the course of his employment threatening, or is danger of being wasted or
as such, or any other person in a attempting to do, or dissipated or materially injured,
fiduciary capacity, or for a willful is procuring or and that its value is probably
violation of duty; suffering to be insufficient to discharge the
3. In an action to recover the possession done, some acts or mortgage debt, or that the
Grounds for
of property unjustly or fraudulently acts probably in parties have so stipulated in the
issuance of
taken, detained or controverted, when violation of the contract of mortgage;
remedy
the property, or any part thereof, has rights of the 3. After judgment, to preserve the
been concealed, removed, or disposed applicant property during the pendency of
of to prevent its being found or taken by respecting the the appeal, or to dispose of it
the applicant or an authorized person; subject of the according to the judgment, or to
4. In an action against a party who has action or aid execution when the
been guilty of fraud in contracting the proceeding, and execution has been returned
debt or incurring the obligation upon tending to render unsatisfied or the judgment
which the action is brought, or in the the judgment obligor refuses to apply his
performance thereof; ineffectual property in satisfaction of the
5. In an action against a party who has judgment, or otherwise to carry
been removed or disposed of his the judgment into effect;
property, or is about to do so, with intent 4. In other cases, whenever it
to defraud his creditors; or appears that the appointment of
6. In an action against a party who does a receiver is the most
not reside and is not found in the convenient and feasible means
Philippines, or on whom summons may of preserving, administering, or
be served by publication disposing of the property in
litigation
1. Case must be any of those where 1. Verified application; 1. Verified application; 1. Filing of an 1. Verified application;
preliminary attachment is proper; 2. Applicant must 2. Part applying for receivership application for 2. Must contain affidavits,
Requisites for 2. Applicant must file a motion, whether ex establish that he has an existing interest in the the writ of depositions, or other
granting the parte or with notice and hearing; has a right to relief property in litigation; replevin at the documents which show
application 3. Applicant must show by affidavit that or a right to be 3. The case must be any one of commencement that the applicant is
there is no sufficient security for the protected and that those stated under of the action or entitled to receive
claim sought to be enforced and that the act against at any time support
 the amount claimed in the action is as which the injunction before the
much as the sum of which the order is is sought violates defendant
granted above all counterclaims; such right; answers;
4. Applicant must post a bond executed to 3. The applicant must 2. Application must
the adverse party establish that there contain an
is a need to restrain affidavit
the commission or containing all
continuance of the matters
acts complained of enumerated
and if not enjoined under Rule 60,
would work Sec. 2;
injustice to him; 3. Bond, executed
4. Bond to the adverse
party and double
Threatened injury must the value of the
be capable of pecuniary property
estimation
At commencement of At commencement of the
When At the commencement of the action or at any At any stage prior to the the action or at any proper action or proceeding,
During pendency of the action
applied/granted time before entry of judgment judgment or final order time before an or any time prior to the
answer judgment or final order
1. Executed by the applicant, in Executed to the
favor of the adverse party in adverse party,
order to answer for any double the value of
damages the latter may suffer in the property
case the receivership is found to
have been procured without
Bond
sufficient cause;
requirement
2. Executed by the receiver, in
favor of such person and in such
sum as the court may direct, to
the effect that he will faithfully
discharge his duties in the action
and obey the court’s orders
1. Court in which the action is 1. Court in which the action is
pending; Court where action is pending; Court where action is
Who may grant
2. CA; or pending 2. CA; or pending
3. SC 3. SC
1. By motion and notice of hearing
Cannot be granted
How issued 2. Ex parte and even before
without hearing
summons is served
 FILING AND SERVICE

EXTRATERRITORIAL SERVICE ON A FOREIGN

FILING SERVICE OF PLEADINGS SERVICE OF SUMMONS SERVICE OF PRIVATE JURIDICAL
SUMMONS7 ENTITY
Presenting the 1. Delivering a copy of the papers personally to the
original copy party or counsel;
of the pleading 2. Leaving the papers in the counsel’s office with his
personally to clerk or a person having charge thereof; or By personal service
1. By handing a copy of the
the clerk of 3. If no person is found in his office, or if his office is coursed through the
summons to him; or Personal service done
Personal court unknown, or he has no office, by leaving a copy appropriate court in the
2. By tendering it to him if he outside the Philippines
between 8 AM and 6 PM at the party’s or counsel’s foreign country with the
refuses to receive it
residence, with a person of sufficient age and assistance of the DFA
discretion residing therein

Complete upon actual delivery

By registered By registered mail or, if no registered service is available
mail through in the locality of the sender or addressee, by ordinary
the Registry mail
Service
By registered mail – Complete upon actual receipt or
By mail
after 5 days from the date he received the first notice of
the postmaster

By ordinary mail – Complete upon the expiration of 10

days after mailing
1. By leaving copies of the
summons at the defendant’s
residence with a person of
Delivery of the copy to the clerk of court, with proof of
suitable age and discretion
failure of both personal service and service by mail
Substituted residing therein; or
service 2. Leaving copies at the
Complete at the time of the delivery of the copy to the
defendant’s office or regular
clerk of court
place of business with some
competent person in charge
thereof
By publication once in a
By publication in a
newspaper of general
newspaper of general
Upon a defendant whose identity circulation in the country
Constructive circulation and the
or whereabouts are unknown – By where the defendant may
service (by sending by registered
leave of court, by publication in a be found, and serving a
publication) mail of a copy of the
newspaper of general circulations copy of the summons and
summons and order to
orders by registered mail
the last known address
at the last known address

7
Service upon a non-resident found in the Philippines, or a resident who is temporarily out of the Philippines; in both instances done with leave of court
 MODES OF DISCOVERY

PRODUCTION OR
DEPOSITIONS PENDING DEPOSITIONS BEFORE INTERROGATORIES TO
REQUEST FOR ADMISSION INSPECTON OF
ACTION ACTION/ PENDING APPEAL PARTIES
DOCUMENTS OR THINGS
Request for the admission of:
1. Genuineness of any Order any party to:
material and relevant 1. Produce and permit the
document described in and inspection of tangible
To elicit material and relevant
Purpose To perpetuate testimony for use in further proceedings exhibited with the request, things; or
facts from adverse parties
or 2. Permit entry upon
2. Truth of any material and property in his
relevant matter of fact set possession
forth in the request
1. By leave of court, after 1. Before an action is filed, by
jurisdiction has been filing a verified petition in
obtained over any the court of the place of
defendant or over residence of any expected
property subject of the adverse party
Written request for admission Upon motion of any party
action; 2. By leave of court, if an File and serve upon the
may be served upon the other showing good cause
Manner and time 2. Without leave of court, appeal has been taken parties written interrogatories
party at any time after the therefor, while the action is
after answer has been from a judgment of a court; to be answered
issues have been joined pending
served; or 3. By leave of court, before
3. By leave of court, when the taking of an appeal if
the deposition of a the time therefor has not
person confined in prison expired
is to be taken
1. Any matter not 1. Any matter not privileged; 1. Any matter not 1. Genuineness of any 1. Anything not privileged,
privileged; 2. Relevant to the subject of privileged; material and relevant which constitutes or
2. Relevant to the subject the pending action 2. Relevant to the subject document described in and contains evidence
of the pending action of the pending action exhibited with the request; material to any matter
or involved in the action
Scope 2. Truth of any material and and which are in his
relevant matter of fact set possession or custody;
forth in the request or
2. Entry upon designated
land or other property in
his possession
Any part or all of a deposition may be used against any party who (1) was present or represented
Use
at the taking of the deposition, or (2) who had due notice thereof
 SPECIAL CIVIL ACTIONS
INITIATED BY THE FILING OF A (VERIFIED) PETITION

REVIEW OF RULE 658

DECLARATORY JUDGMENTS AND
QUO WARRANTO CONTEMPT9
RELIEF FINAL ORDERS OF CERTIORARI PROHIBITION MANDAMUS
COMELEC AND COA
To secure an To determine the
To review the To review and correct To order desistance
authoritative statement right to the use of or
judgments, resolutions, decisions of lower from further To perform an act
of the rights and exercise of a
Purpose and final orders of the courts/tribunals; to proceedings, to which the law enjoins
obligations of the franchise or office
COMELEC or COA, annul the judgment or prevent usurpation of as a duty
parties under said law and to oust the holder
under Rule 65 modify the proceedings jurisdiction
or contract from its enjoyment
1. Subject matter of 1. Tribunal, board, 1. Tribunal, board, 1. Plaintiff has a 1. Person usurps, Direct contempt
the controversy is officer exercising officer exercising clear legal right intrudes to, or – committed in
a deed, will, judicial or quasi- judicial or quasi- to the act unlawfully holds the presence of
contract, or other judicial functions; judicial functions, demanded; or exercises a or near the court
written instrument, 2. Such tribunal or or ministerial; 2. It is the duty of public office; or or judge as to
statute, order, officer acted 2. Such tribunal or the defendant to 2. Public officer obstruct or
regulation, or without or in officer acted perform the act; does an act interrupt the
ordinance; excess of without or in 3. Act to be which the law proceedings
2. Actual justiciable jurisdiction, or with excess of performed is constitutes as a before it
controversy GAD; jurisdiction, or with ministerial; ground for the
between the 3. No appeal, no GAD; 4. Defendant forfeiture of his Indirect
persons whose other plain, 3. No appeal, no unlawfully office; or contempt – not
interests are speedy, adequate other plain, excludes another 3. Association acts committed in the
Requisites adverse; remedy speedy, adequate from the use and as a corporation presence of the
3. No breach of the remedy enjoyment of a within the PH court and can be
documents; right or office to without being punished only
4. Terms and validity which the other legally after hearing
of documents are is entitled; incorporated
doubtful; 5. No appeal, no
5. Issue ripe for other plain,
adjudication (e.g. speedy,
all remedies adequate
exhausted); remedy
6. Adequate relief
not available thru
other means
Within 1 year after
Before breach of the cause of ouster or the
Within 30 days from Not later than 60 days after notice of judgment
When to file contract or statute on right of petitioner to
notice of the judgment If MR is timely filed, 60 day period counted from notice of denial of MR
which it is based hold such position
arose
Court handling
Where to file RTC SC (Rule 65) RTC, CA, Sandiganbayan, SC RTC, CA, SC
proceedings
Appeal/Petition for Direct– Rule 65
Remedy if
Appeal Appeal/Petition for Review on Certiorari (Rule 45) Review on Certiorari
denied
(Rule 45) Indirect - Appeal

8
MR required to be filed before Rule 65 may be resorted to
9
May be initiated motu proprio by the court
 SPECIAL CIVIL ACTIONS
INITIATED BY THE FILING OF A COMPLAINT

FORECLOSURE OF REAL FORCIBLE ENTRY AND

INTERPLEADER EXPROPRIATION PARTITION
ESTATE MORTGAGE UNLAWFUL DETAINER
To have the property seized To separate, divide, and assign
To compel the parties to litigate To enforce the right of eminent and sold by court order for the a personal or real property held
Purpose To recover possession
amongst themselves domain proceeds to be applied to the in common among those to
payment of plaintiff’s claim whom it may belong
1. Plaintiff claims no interest 1. Right of plaintiff to 1. Parties are co-owners; 1. Person is deprived of the
in the subject matter or his expropriate and purpose 2. No legal impediment exists possession of any land or
claim thereto is not thereof; building by force,
disputed; intimidation, strategy, or
2. The parties impleaded stealth; or
must make effective 2. Lessor, vendor, vendee, or
Requisites
claims; other person against whom
3. Two or more conflicting the possession of any land
claimants with averse or or building is unlawfully
conflicting interests; withheld, after the
4. The subject matter is one expiration or termination of
and the same the right to hold possession
Within 1 year after
When to file Prescribes in 10 years
dispossession
GR: MTC
Exception: RTC if not brought
Where to file MTC or RTC RTC RTC
within 1 year from the time the
cause of action accrues
Remedy if
Appeal Appeal Appeal
denied