Nov 9 Memorize the article #s; X txtbk reqd X ans substantial justice, X say I think Time pds are

e pds are impt! Memorize! Be confident during recit = prepare! X looking at notes Cheating: giving/rcvng help during recit 8 sentences in the exam o Ans SIRS was Course description: o Civil procedure: the J of phil Cts & the rules of judicial procedure in civil axns, bth ordinary & spcl, including provisional remedies & prescription of axns based on the ROC & other laws Part of procedural law = Remedial law o Bec talks abt a remedy (process/the procedure = how to) Vs relief (spcfc thing asked for from the Ct, restitution/reparation for a leg inj) o Lawyers Law: bec a lawyer is charged w knowledge of how to go abt the Cts/quasi-judicial agencies lawyers push the button/lever of the State machinery Very technical technicality matrs in this subj o Alonso v Villiamor: its X substantial justice in procedure wc matrs Framework to all the technicalities o X rem the principles only o Rem EVERY DETAIL abt procedure will always be in a conflict sit o Its always 1 wc will be difiicult to resolve You were born in this world alone, youll probably die along, so best to live it alone = stand on your own Learning depends on you

Nov14 Why shld we be technical? o Technicalities are impt/inherent in the law bec a lawyer may make so many permutations of a word/have so many interpretations of the law o Thus, law shld be made clearer wc is why the law is technical o Ex) 15dys from today: exclude the 1st & count the law = in CC
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Appeal shld be made in 15dys wc is the 29th o To prevent ambiguities, frivolity may stop a discussion/resolution on the substantive issue o By being technical, it allows the judge to focus on the issue o If 1 lawyer dnst know the technicalities, this may be used by the other to his adv In order to bring a cause, you have to know how to bring it or the substantive ideas will be muddled in the technicalities o X mtr how trivial it may seem, it may win you case X here to study justice & fairness, here to study law J. Malcolm: ponente in Ruby v Provincial Board o Negative pregnant: denial but makes assertions o 1st dean of UP wc is why the college is named after him Provs may be frivolous or common sense, but if you dont know it, the other counsel will do it for you & youll lose your case Remedial Law: Lawyers Law o Bec a lawyer is charged w the knowledge of how to go abt the Cts o Bec every leg opinion you give, you guarantee X only bec of substantive law but bec you know the technicalities & no1 can dance arnd u on that X worth anything if u dnt know procedure = this is how you move the state machinery in favor of your client Its how you work the sys that matrs o Bec a career as a lawyer depends on if you can work the procedure Career will be based on the rules o Client wont know the ROC Lawyer enters his appearance for his client

*its how u see urself that matrs be honest & authentic only to yourself * grades will mtr for the 1st 15secs, but what really mtrs is if youre effective = perf matrs! Hohfeld: Fundamental Legal Concepts Fundamental leg concepts: what he discusses o He wanted a briefing of what these were Made a distinction btwn leg & non-leg concepts o there are certain words wc may have non-leg meanings but have diff meanings in law why the diff in meanings? o Ex) lay person: contract = pc of paper To him, X contract btwn a passenger & jeep driver bec in his mind, its X a contract if its X in writing o Ex) lawyer: contract = mtg of minds, involves a definite offer & an unqualified acceptance o * ignorance of the law dnst excuse 1 from compliance therewith
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X raise this as a defense bec every1 is presumed to know the law o in order to understand what the law is, need to know leg concepts ex) cause of axn: reason why u filed a case (ordinary person) o reason: our law has its origins from other laws, thus the concepts embodied therein are diff from an ordinary law persons understanding law was imposed on us, thus the creation of the profession law has been transplanted or takes in from other theories/laws, thus concepts tend to have diff meanings a word may have many meanings depending on the context o applies to commonsensical meanings = but since itll aply based on diff perceptions, its X really common theres always a distinction btwn a leg term & non-leg term o ex) contract: agreement w a definite offer & unqualified acceptance = this is when theres a mtg of minds o theres a leg & non-leg meaning to particular terms = implies an attitude

Operative/Constitutive Facts: can change leg relations Evidential facts: affords a logical basis for inferring some other facts In a complaint you allege ultimate facts, X leg concepts yet, just operative facts = in pleadings Evidentiary facts = dealt w in trials Theres a diff btwn the leg concept & the OF wc bring this into being Ex) Contract Mtg of the minds Definite offer Unqualified acceptance Man waiving his Jeep slows down hands Legal concepts Operative facts Things wc can be observed

Contract & mtg of minds is alrdy a leg concept = its a creation of the mind Facts: things wc can be seen/observed = particulars At 1 stge, leg concepts actually jump to the factual OF: things wc summarize those things wc bring abt the leg concepts/bring the leg conceptions into being if they are present Ex) Theft o Boy hsnt eaten for 10 dys, really hungry sale of bread in a bakery; he takes a piece of breach, eats it & leaves o Only thng impt here is the facts wc constitute theft X the owner
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Wo consent Personal prop owned by another Intent to gain Taking/asportation Actus non facti. = the act isnt a criminal act unless there is criminal intent Ultimate facts Law defines the essential elems of the offense = these are the operative facts o Thus, the lawyer disregards the irrelevant acts Ex) if a person dsn pay after eating in a restaurant whats the crime? o X theft bec the restaurant gave its consent o Estafa! Bec didnt pay for a service rendered There are leg concepts & OF wc bring the concepts into being o When all the facts are present, theft is present, this triggers the operation of a penalty o Factual normative normative penalty factual penalty Facts find the law if law is applicable imprison * this is a cycle The leg concept is the button wc wi change other rules Lawyers expertise is being able to identify the facts o Can you translate what you find in the facts & bring it into the OF? Theres a hierarchy btwn the OF & the EF o OF: primary importance wc bring the leg concept into being Have alrdy happened in the past o EF: necessary in order to lead to the conclusion that the OF happened Those wc are present today Ex) Student of the college of law (leg concept) o Prove this by showing a form5, signature on it shows acceptance into the College of law for the semester o Evidence to be presented is also a fact registration, etc cant be shown today unless you have a time machine, instead you have a form5 o BUT the form5 isnt registration but is a residue of registration o It allows s to jump to the conclusion If you cant prove a fact, a leg concept wont exists, if it dsnt exist, there can be no penalty Truth isnt what really happened out there, but WHAT YOU CAN PROVE X EF X OF X leg concept X punishment Ex) passenger offered to board 1st allegation o Evidence: witnesses who saw it; if only 1 person, his testimony
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o This testimony will be diff from the passenger who offered to board = thus, differentiate them o Testimony = EF; passenger offering to board = OF Theres a diff btwn OF & EF usually X sufficient just to identify the evidence need to secure it & preserve it o If dnt secure it or preserve it wont be able to prove the OF o Thus, identify, secure & preserve o Preserve the evidence bec theres a diff btwn leg concepts, the OF wc bring the leg concepts into being & the OF & the EF = need this in order to see things properly In order to litigate, need to know: o 1) leg concept

** Hello garci tapes: Pres is guilty of s3, RA __ (anti graft & corrupt practices Act) = persuading another govt ofcr to do smthn contrary to law Nov20 Summary of last class: OF: facts constitutive of a legal concept o Facts necessary to bring a leg concept into being o Know + operative facts proven to exist o Provided for in law: the text themselves o Interpretation: rdg means following as interpreted by jurisprudence o No OF = no leg concept = no relief (wont trigger anything from the CT) o OF are proven to exist by evidence 4 kinds of Evidence: o Obj evidence: I present this jagged knife, from wc u can see a pattern similar to the cut in the victims bdy o Docum evidence: I present this pic, in it u can see person A having sex w person B Lawyers shld know how to memorlize evidence Lawyers need to know how pictures are developed, how to record MP Form 5, how to use digital recording & what level of deterioration is expected as to quality & veracity o Testamentary Evidence: I present the testimony of person C on what he saw during the commission of the crime Lawyers must be men of the world Lawyers need to learn how ppl from diff backgrounds react to sits, so we can anticipate how they shld act Lawyers must learn to mobilize & manipulate ppl o He didnt say OF: Hohfeldian term
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Our jurisdiction: Ultimate facts (Phil term) o Leg concept o After establishing the facts, can conclude that the leg concept exists o Divide the abstract from the phys/ divide the descriptive & prescriptive world o Its ultimate bec after u estab it, u can conclude that a leg concept exists

Lecture: Leg concepts are provided in law o In the text itself (statute) o In the text as interpreted in jurisprudence Leg concepts laws & rules prescriptive o Truth conditions: X prove sensorially o Valid in relation to a more superior ruel (Consti) o Law resides in presumptive statements close the door Must, shld = words used It dsnt matr if its actually closed the rules exist Won theyre follower Rules arent invalid just bec they arent followed o Law are Prescriptive: it cant be proved sensorially, can only be proved by referring to a superior rule (a) The sun should be shining (b) One can only justify if it is valid as to a higher rule. (c) It doesnt matter if it is not shining Descriptive: describes the thing as it happens o State the fact now/past o Exists sensorially o Facts are part of the descriptive world o Test: to det whether the descriptive thing is true, prove it exists sensorially o The sun is shining o One is stating a fact, either a past one or a present one. o One can prove it exist sensorially. Descartes: There is no difference between prescriptive and descriptive. (if we follow Descartes, which we dont) Make use of the facts (substantive) deploy it in the right way (procedural) Jural opposites: useless Jural Correlatives: what we focus
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Bth are juridical necessities Right: can exact compliance o Active party/subj can exact beh from the duty holder Duty: passive subj There must be a clear right-duty correlative to give rise to a clear prestation Horatory: not subj of a clear violation in procedural law o Exhorts/puts in direction o Sets a general purpose o Ex of a right wo a corresponding duty o Its not a source of a R-D correlation, u cant know the duty imposed bec of its generality A2, s16: the state shall protect & advance the right of the ppl to a balanced & healthful eco in accord w the rhythm & harmony of nature o D: state shld ensure a healthful eco o Right: X a clear right o Constitutional but horatory: cant be the subj of a violation Bec no elems Only sets a direction Prestation: juridical necessity to do, not to & to give (thing involved) o Understand rights in terms of prestations o No clear prestation of duty-holder = horatory o Shld be clear & specific It shld be very clear in order to invoke the proper prov & so that the party can reply properly o Right holder: active subj who has to power & option to exact compliance or not Shld follow what the leg prov says Comes into existence only thry leg provs Its a power, can opt not to exer it But when availed of, the duty-holder shld follow bec there might be leg sanctions o Contract: 1 way to create rights & duties Method by wc persons create rights & duties, vis a vis ea other Ex) contract of lease o Use, how much rent, duration, maintain in tenable shape, who pays RVAT Parties can create the rules themselves o Ex) contract of lease Ownership: NOT a prestation but a bundle of rights o Jus posidendi, jus utendi, jus frutendi, jus despodendi, jus vindicandi, jus abutendi
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o May give rise to prestations o U dnt violate a law but a prestation in law u dnt violate the right to ownership but a spcfc right defined by the code itself Contract ISNT the prestation Therell be a cause of axn not when the contract is breach but if 1 of the prestations is breached Breach of a R-D correlative gives rise to a cause of axn o R holder = plaintiff o D holder = def o Theres a R, a D, & a corresponding breach Summary of Jural correlatives: o Right Duty o Privilege No right: tolerate on prop (ex smokestack) o Power Liability: spcl proceedings o Immunity Disability: affirmative defenses (Constitutional, civ pro) Primary rule: basis of other rules o Cond precedent b4 any rule comes in o When this is violated, a 2ndary right arises to file a case, spcfc perf R-D correlative o Once its violated, it triggers another rule o Ex) theft penalty Primary secondary (adjectival) R (owner) D (thief) breach R(state) D (thief) o Protasis: cond precedent o 2ndary rules (adjectival) Hohfeld o Primary rule was violated wc triggers a 2ndary rule Remedy: procedure on how to prove a crime & entitlement o Brings 2ndary rights into existence o Procedure to bring abt the 2ndary right Relief: what the Ct orders the party who lost, to do or not to do Breach: privilege of starting procedure No-right person: responds in an ans, MTC/summary judgment Right to invoke procedure if theres a cause of axn (violation of prestation) of offense o Cause of axn ISNT why u filed the case o Its the existence of R-D & theres a breach of such o Cause of axn exists when: Existence of a leg right w a corresponding leg duty
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Breach of that right Procedural Law: set of 2ndary rights o Adjectival law or Remdedial law: tells u what to do in case a R-D correlative is breached Prayer: ask/plead for it Anatomize the prov/the relation: right-duty o Whats the prestation? R? D? R-D correlative? Is there evidence to prove this?

Nov27 Summary & Lecture: Lawyers write laws: o When in Congress o Ct interprets & applies law wc become the part of the law o Creating corp laws/contracts o Priv law: set rules binding 2/several parties = Creation of contract o When submit pleadings, memorandums god exists in law? No, law is agnostic w regard to this; its neutral o God seen only in the preamble of the consti preamble s considered valid bec part of the consti o How do we know the consti is valid? Its made in accordance w the previous consti What abt Javellana, freedom of consti? Theres nthng higher than the consti, so shld be in accordance w the previous 1 Descriptive statement: is a declaration of the state of things in the present, past or future Rules arent invalidated or truth conds under wc they exist dnt depend on sensorial experience rule is still valid or may be invalid but it has nthng to do w sensorial experience can be proven as existing, from sensorial experience o proven from a perceived fact if this fact is present, it mustve happened ex) inferences from the observation that the ground is wet o Mustve rained, watered the ground, spilled water, leaking underground pipe, threw water out the window, etc o Such statements are statements of fact Statements wc can be inferred from such statement of facts = theres always an inference o This brings us to the fallacy of affirming the consequent/antecedent An antecedent fact is concluded based on a subsequent facts even though the antecedent fact isnt related to the subsequent fact to give rise to the conclusion Ex) rain Wet Leaking pipe
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OF: no longer present, in the past EF: facts being established has alrdy happened what ur trying to prove has alrdy occurred Lawyers are engaged in the fallacy of affirming the antecedents Up to the cross examiner to try to prove or suggest that another fact that may have caused the result

Normative Statement: a declaration the aspirations contained in a rule Whats the struc of a rule? o Cant be a simple verb o It shld be informative o It MUST contain the words: must, shall, may, can These are the words found in a statement Truth or validity depends on anthr rule (Consti, statute, etc) Valid only in relation to other normative statements We assume we know something, thus it isnt pleaded Statement is worded = shall, mustwc reqs beh Its a statement of reqd beh in verb form But the beh dnst kick in, unless the conds are present Structure: theres a conds (protasis) & a beh (apodosis) o Conds = the prestation Rules apply only if certain conds are present, wc leads to a mode of beh o Ex) after prof comes in, always keep the door closed When analyzing the rules of the ROC: o Whats the beh reqd o This beh will only come in, if these conds are present Ex) def must file an answer Ex) after the service of summons What ds this mean? Look at anthr rule for its definition o * look at the mode of beh & radiate outwards * chronological order in the law is only for convenience, look at the heart of the statute & everything else follows from there o Ex) if X (conds), then Y (beh) Ex) if theres theft, then theres a penalty o Cond here is to prove that the rule was broken o Thus 2ndary rule comes in Entire apodosis can be a rule + a 2ndary rule
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Primary & Secondary Rule 2ndary rule contains the relief being sought o It can be conditioned on, if _____ is violated, then ______ o Ex) if X isnt careful, then he will be liable for damages Body of the entire complain is abt breaking the primar rule Relief: show the substantive law wc your relief is based on o Structured to show that OFs are present, wc is why the rule was violated & the prayer shows hes granted a relief based on substantive law KNOW how to file a complaint o Know the idea wc shld be placed there o Even if you know the form but not the relation of the rules, wont be able to create a complaint o Relation of primary & 2ndary rules Rules of Procedure tell u what to do bec you know that a primary rule was violated & a 2ndary rule was violated o Other rule is procedural law: provided that u have a cause of axn, u can file a case Cause of axn: primary rule & breach o Reqs: prestation wc has a right-holder & duty-holder (shld be held by an indiv) = theres a R-D correlative Theres a normative statement when 1 shld comply & another who can exact compliance Ex) contract offer acceptance Shld comply w GF Failure to meet an oblig, the party can be liable for damages Contracts can have several prestations THUS, the norm can be created by the parties = thru the creation of the prestation o 1 beh = 1 prestation 1 beh, if breached = 1 cause of axn o 2 behs, if breached possible to have 3 diff causes of axns (rule2: can file 3 diff cases) o Bth parties may have obligs = reciprocal at times (thus, can be an active & passive party on bth ends) Ownership: X make any sense, wc is why you need to specify statutes o Bec theres no natl concept of ownership, unless its reduced into a R-D, it cant be enforced as litigious rights Only things wc can be used in procedures are those wc can LOCATE SPECIFIC types of beh o If dont spcfy, cant be a source of cause of axn o Ex) Oposa: no cause of axn bec what are u requiring from the state? Law dsnt say no logging concessions so why stretch it to that Can be a source of a valid or extendable rights Hohfeld: there are several rights jural correlations Right Duty Hs to do something positive; Has to comply w the duty; can
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has the oblig to do a positive thing; can demand from the passive subj to comply w the duty Privilege Can do things ds the positive act

be compelled to comply

No right Person shld simply accept it Shld be/must be tolerated by the no right person Ex) Possessor of prop can do Has to suffer it & deal w it whatever he wants Power Liability Party can create a diff Person just has to accept it relationship can create a new relationship Ex) I have the power to make Person who has to suffer it an agent Diff from no-right but almst a specie of it Immunity Ex) right against incrimination Can be broad or spcfc Diability self- Passive person cant anything to you do

Application in crim proc: depends on the stage ur in o Ex) arrest: immunity from answering spcfc Qs & R-D correlation o Prelim I: immunity against inquiry Certain relationships an produce all these correlatives & need to know & indetify this bec when file a case, need to state the cause of axn (exp in the bill of particulars) The framework used is Hohfeldian o Need to spcfy the oblig wc was breached o Hortatory: san d\iego v ca He flunked the med test several time, so he sued to be accepted = Ct sd cant place a square peg in a circle hole Way of looking/rdg the txt of the statute in order to discern the mode of beh
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Every norm congeals a value, a political or philosophical position, even an eco consequence = norms thus carry a particular bias o Ex) drugs: b4 shown, get registration fromBFAD Presumption arises: BFAD knows what its dng bec cant know if ads are reliable, so rely on the govt/we have to ask sm1 who know more abt it o Ex) need to pass the bar/ordinary person cant be a lawyer immediately Bias: the profession shld be regulated/state checks ur ability or expertise When 1 litigates a case, may have biases but have to use/work w the norms o U may want to assert ur own ideas, but u have to work the norms & put this in writing o Words/lang will bear on the interpretation in certain ways o Thu, have canons for leg interpretation Lay person: words meanings may be close to infinity Lawyer: there are definite limits & margins to the meaning of words o Margins: are also dependent, to a certain extent, on ur reputation (winning & interpreting it in the leg profession way of interpretation; so need to win a few cases) Legally accepted way of rdg the ROC is what we focus on in class o Legally accepted = there are nuances in some cases o There are certain dominant ways in rdg this rule..if u cant understand it, just keep repeating it o But itll alwys depend on what the decision maker wants X ans the way Te wants, ans the way Sir wants

Theory of the Trial: Burns Celebrates performance Shows that most lawyers try to present variations of fact = theyre trying to pick the general inferences wc generally happens There are certain things wc we assume, thus we have inferences o Inferences may or may not be common sense o Ex) Mangyan: X the sme common sense as us cross the street in 1 line bec thats how they walk thru mountains o Our assumptions might not be common sens The Received View: centered on the concept that evidence can be presented to come up w a story/narrative wc can be objectively discerned o And as such a leg norm/leg rule may be applied Series of evidence: o Only way we can make sense of the world is to make it into a story bec theres too much info to take in = we make a narrative of it When present a case, need to make a story: put in characs, list the evidence, make inferences Rcvd View: when 2 diff stories clash, the jury/judge will sift thru every bias & det what really happens
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o Critique of Burns: theres no 1 story to everything, therere a multitude of stories & interpretations o So how do u choose a story? Or that its the correct theory of the case? Cant just say 1 want this story bec itll have an impact on the media o Wo regard for the technicalities, clients future is at a disadv o Cant create a fictional story may be famous for 15 secs, but wont be able to further ur theory/proposition Thus, NEED to consider the evidence Need to know/anticipate the others story o If u dont, ull lose 50% of ur battle o Knowing ur self & the enemy, ur sure to win all ur battles o Thus, know the evidence of the other side Human experience: to blve the 1st story heard person ends up sticking to this o Point is, need to know ALL the evidence Compulsory fishing expeditions: cant get the opposition to tell u what u have, but only after the case is filed B4 case, conduct ur own investigation, cross-examine witnesses, etc Theory of the Case o Depends 1st & foremost on evidence = chose it based on this o 2 kinds of indivs (psychology): Sensing indiv: bases experiences on senses loves details & from there, makes conclusions Intuitive indiv: 1st create diff stories & test it based on evidence available o Depends on whether ur a sensing or intuitive indiv, but thisll 1st depend on the facts available o If choose at 1 level, wo considering the facts, esp the OF, theory will fail o Even if theres no evidence, dnst mean that it didnt happen or even if theres only 1pc of evidence Ex) who killed Magellan? Lapu lapu? Pc of evidence is a thousand hearsay o We have to be able to sense evidence, otherwise its not there o BUT in the Ct of law, we HAVE to have evidence, so theres something wrong w our sys Also possible for evidence to be lost (ex. changing lanes) Hence, the criticism on the adjudicatory process o Ct of law: truth isnt what happened, but what u can prove happened Were structured/trained to do 1 thing = prove evidence, prove it applies to the norms, and use the state machinery to prove such X evidence = u lose the case TRIAL: stage of procedure where we present evidence o Means: the trying of facts o Wc is why called the TC tries the facts, assesses the evidence & applies the law) Method of prescribing evidence has a framework:
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o To det if admissible tells us what evidence is accepted by the CT o How to present it How the judge infers from the evidence presented isnt an aspect of our course its an aspect of how inferences are presented in the world o The inferences arent a part of remedial law o Theyre part of our common practice/experience o We understand that inferences can only be learned on ur own = X from bks The more conservative approach (at the start), the btr bec judges tend to be conservative

FLOWCHART OF THE COURSE: Round 1/1st level: Pleadings Pre-trial trial judgment (this is the main highway, bt there are many detours) Round 2/2nd level: appeal final judgment Round 3/3rd level: execution of judgment entry of satisfaction of judgment *detours: compromise agreement, skip everything & go to dismissal; Motion to quash/dismiss; motion for summary judgment even during pre-trial Pleadings 1st state ur position Practice in the Phils/world: depends on whether the lawyer can write Anglo-Am sys & law here: gives primacy to the written word o Ex) can say im a student, but need to show Form5 to prove it o Parole evidence rule: nthn outside the written agreement will be considered U commit urself to a theory in the 1st pleading = this is what ull commit to all the way to the SC Have to know the evidence, theory of the case, gone thru jurisprudence, reduce ur claims, ultimate facts, OF = in a pc of paper 80% of the practice is writing (includes rdg part); 20% arguing (includes the representing part)
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Start w filing the pleading: o Complaint answer (can opt not to file this yet; can file a motion to dismiss or motion for summary judgment or motion for judgment on the pleadings) Motion to quash in crim pro: Disadv: if prosecution is weak, dnt file this, go to trial so that double jeopardy will apply. Bec if file & info is dismissed, can just file again o Counter claim answer o If other def: 3rd party complaint Burns: lawyers always deal w probability o X file a case bec its a good case, u file bec u assessed out there & can state it can win or that the client can handle the length of the litigation, etc o When file, there are many other considerations aside from evidence, etc Setting up pleadings takes a long time: o Service of summons o Service of other pleadings o Concept of registered mail (X pleadings thru courier or air mail) or personally filed/served Complaint is structured in such a way that theres 1 idea per par o Subj-predicate = simple! Simpler pleadings, the btr the more words used, the more chances of making a mistakethus, chance of committing a negative pregnantn Issue: assertion of a fact denied o 1st theres an assertion, then a denial (def says smthng istn true/didnt happen) o Ex) u signed the contract! I deny signing o When u set up an issue/s, u alrdy know the evidence available Issues created from filing of pleadings sets up the parameters of the trial o Bec know the evidence available o Sets up the kind of issues ull engage in o Crim pro: plead guilty = everything true! Plead not guilty = everything denied o Civpro: can deny just certain things/parts Fatal mistake in pleading, WONT be able to engage in trial o If dont set up the logistics properly, u may go to war wo no ammunition What wins a case is the way u set it up = Civ Prd o X cross examination will make u winits more of a formality in the Phils o The theoretical workings here in the Phils are in the struc of the pleadings
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Pre-trial Issues to be litigated are laid down Exhibits to be presented are marked Facts wc bth parties agree to wont be litigated anymore Purpose: to save some time from the trial Trial Has a flow chart w/in itself

Judgment 1st judgment the trial judge makes the 1st decision Execution of Judgment U may win the case in round 1 &2, but thats just on paper, havent really won for the client Most difficult part is execution U can lose here by not being able to execute the judgment, even if u won the case Know the provisional remedies (5) o Designed so that the status quo is preserved during litigation o Impt for a lawyer o Part of the main thing, just assures the judgment will ltr be complied w o In the meantime, can use this for discovery procedures (5) Interrogatory, depositions (test witness b4 gng to Ct), inspection of docums, etc Ordinary civ axns: impt bec normal way of dng things Spcl civ axns: rule 63-71 o Spcl bec ea of them have variations of the basic/ordinary procedure

*Movement of class: Basics understanding norms alternative modes of dispute resolution (mediation, sense of strength & weaknesses in resolving in a lawyers way) Q of jurisdiction pleadings onwards. Dec 4 Subic case: 1 conviction (Smith) 3 acquitted Prosecution: Atty Orsua
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Def: Atty Justianno, Atty de Venecia Judge __ Lots of technical issues involved o Now that Smith is convicted, can he remain in the Us Embassy? Shld be brought to jail? PNP got custody of Smith, now in Mkti City Jail Commotion happened byut PNP got him even if the Marines had more manpower, bec the PNP had a judgment from the Ct This can affect our relations w the US: where APEC is held, Visas approved It was really a conflict btwn ppl in the defense & ppl in the prosecution o But the its the lawyers who spoke for them o Lawyers have a critical role in society, they play a role in the political processes, they articulate the positions of their clients Thus, impt to KNOW procedure Orsua didnt have the manpower or resources, just had volunteers to help them (posed as Nicole) In the Ct crm, not the credentials or transcripts wc matr, but ur ability to work procedure o Our knowledge& ability to translate this into something physical (eg writing a pleading) is all we will have out there & wc will mtr No time to study the entire struc of civpro, only time to do so is now

Summary: Continued w the Hohfeldian perspective o Every rule reqs a generalized beh & the rule looks at the proscribed beh & states the conds under wc itll be exercised o Theres a standard of beh contained in any norm/rule To be a good rule: look at the law/beh reqd by the state, look at the reasons for it & look at the conds for it to apply Cause of axn: can prove that theres a duty on 1 person & anthr w rights o Rights existing corresponding to a duty corresponding to a R-D correlative So need to prove the facts exists If u have a pc of evidence, it can lead to a conclusion that a fact happened Primary rule: breach of this gives rise to 2ndary rules Ex) common carrier: exer utmost dil of a good father of a fam breach! o Show that theres a R-D & a violation of such, thus anthr rule kicks in o So if theres a right, theres a duty of the other to pay damages Standards of conduct are conditioned on WON a primary rule exists & 2ndary rules rely on primary rules bec they arise only when the primary rules are breached o Mode of thinking, in order to understand a substantive cause of action versus substantive relief
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Theres a diff btwn the 2 Ex) penalties are conditioned on a commission of an offense There are 2 kinds of 2ndary rules: o ______________ o Given that theres a cause of axn/offense, provided theres a relief provided under substantive law, then, othr 2ndary rule is 1 HAS the privilege of filing a case o Thus, no procedural right unless theres substantive law that has been violated Knowing the procedural right granted to a client is diff from knowing what to do in order to enforce such o Ex) knowing how to file a complaint o Knowing procedure tells u the reqs & how to put it in writing Pleading: can discern it from the rules & u can write it the way u want o BUT theres certain conduct wc isnt acceptable for a lawyer (ex manner of dress, how u write a pleading, etc) o So in writing out pleadings, tehres an acceptable way (ex. font = TNR, bookman, arial, courier) there are certain points we will need to be traditional, but there are cracks have to be able to translate the privilege into procedure

R-D correlative ea has a R & D, but there are things over wc the rights & duties exist o thing is called the subj-mtr o R-D amng humans & w the institutions we endow w leg personality o Know when a class suit is allowed vs a consolidated case o Ex) right of reinvindicatoria/recovery of a parcel of land, but thing over wc reinvicatoria exists is the land o Ex) intellectual prop over a patent o Ex) cert of stock thing is the share represented by the certificate o The thing isnt the right itself but the subj mtr over wc the right exists Res: refers to the entire concept to of litigation o Much broader than a subj mtr X all R-D correlatives have a thing over wc its exists = no things or subj mtr o Ex) right to take an enthe trance exam, but dnt have the inherent right to enter the college Whats impt is we see the correlatives & be able to distinguish 1 prestation from anthr o Contained in contracts, statutes, etc o We shld know what beh is necessary & from there you can draw out many rules coming from it Ex) oblation: statute = tangible o Right to reproduce = intangible, theres a copyright o If a corp wnts to transact w anthr person, principal idea is to lease the prop to anthr to earn money
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o Principal prestation = right to replicate o But need to put in conds o Key in drafting is to understand the principal prestation & oblig, & radiate outward from there Allows us to understand why were suing As lawyers we try to predict the most malicious, logical extreme sit o We assume the other party wont comply o Our duty is to impute malice to the other party & create provs to prevent such o this is our modal of thinking: framework: 1) think maliciously & provide for it, 2) identify the key prestation/oblig Burns article our appreciate of facts is opposite to the scientific method fallacy of affirming the consequence: for a certain conclusion to happen, there are many causes o a lawyer chooses 1 & isolates it & tires to convince the judge that its the reason ex)1 eye-witness, if the other party cant present other evidence, Ct wil have to conclude tha tit happened Ct has to start tabularasa: cant say they know of diff instances/reasons Bec our theory is there are many sides to the truth, we CREATE stories = fundamental trial technique o scientists: tries to prove that theres a cause & effect by showing that certain things cldnt happen in order to prove his theroey a lawyer produces a story & ea story produces a particular reality in Ct: ea party is understood to have stories & the dominant theory is we have an institution (the Cts) who will listen & be able to det a value-free narrative & det what the laws are & if they apply in order to attain a decision = Rcvd View lawyers now present scientific evidence o ex) trademark cases in Phils show the marks to the judge & he decides if its too similar o US/Europe: can conduct a survey to det if the sign is minterpreted So sampling takes place = scientific evidence is presented Phils: sci evidence isnt affordable so we usually rely on 1 witness o Results in injustice If client dnst have the resources to access the evidence o Witnesses dnt usually wnt to be bothered or afraid to testify, so client may have to pay the witness to testify = witness fee (allowed) o Difficult to persevere evidence & even discover evidence Ex) if ur a nobody, police dnt usually take ur cases seriously stolen cellfne Creating stories isnt evil, its a part of life = just hope it approaches accuracy
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o Thru our senses, we cant acquire all the info available, so were selective of what e take note of = impt to know the things wc will be relevant We necessarily have to make sense of a mass of data, so we take into consideration evidence presented o To create a theory of the case, we shld KNOW wc leg prov shld be applied (we cant guess) All this shows the weakness of the adjudicatory process, but this is what we have to work w Creating a story, either closest to accuracy or story in order to win = ethical Q wc ea person decides on their own

Pretrial: map out all the details, filing pleading Trial: where the OF & EF are considered Judgment = all this happens in the TC; 1st stage * crimpro is more complicated than this Civpro: for Cts to start, need to simplify things in the pleadings o Everything wc happens b4, happens in the firm o You assess 1st b4 u file, but in reality, ppl pay 1st & file TCs: RTC, MTC, MCTC = X called inferior Cts, called 1st level Cts 2nd stage: pd of appeal (CA & SC in some cases) 3rd stage: goes back to the TC for the pd of execution Plaintiff will want to get to execution, def will want to go thru all the detours o Reality: more difficult to be a plaintiff bec u have to discharge the burden, def just has to sit back& wait for them to commit a mistake B4 filing, know WHERE to file: o Jurisdiction: power of Ct to hear, try & decide a case If improper, can be attacked at any time o Venue: location o a spcfc Ct If improper, attached thru a motion to dismiss Discussion: Alternative Modes to Dispute Resolution Most practices will revolve arnd this Arbitration is now a full blown option o Principal mode of conflict resolution ADR: normally just look at the struc, but this isnt enfu o Thus we study Getting to Yes & Difficult Conversations
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Getting To Yes Result of a Harvard Negotiation Proj: to look at whats been known abt negotiation to create a txtbk Staple rdg of ppl who want to be good negotiators Positional Bargaining: focuses on positions o Only looks at the results, insists on the pos rather than the reasons for that position o It pits power w anthr power o Itll depend on who has dominance over the other o Ur doomed to using power in order to achve a result but you dont come out w a sustainable result, bec theres a possibility of it not being complied w o Getting into an agreement is the 1st part for lawyers, for others its the end Bec lawyers have to look at its enforcement/execution & itll be breached Ex) create a law to regulate the price of PLDT & Globe, but after its made, they wont follow it immediately o U only get half of what u want Ex) focusing on grades: u choose the nice prof over the mean prof, not knwng that the mean prof is the btr teacher never satisfied bec u just find a middle ground Principled Negotiations: focus on the interests o If bth parties agree to a result, where bth their interests are satisfied, no need for a lawyer to make sure its complied w bec theyre bth happy/satisfied o there may be anthr way to skin a cat! o Look at the REASONS behind the positions of the parties o Look for advantages, by look for mutual gain Ex) min wage is 350 o U wants P500, mgmnt wnts P400 o PB: they bth insist on their positions, but they secretly can accept more/less o Haggle back & forth o U wants higher wages bec they may have a cost of living study wc says 500/dy is enuf ofr a fam of 6 o Mngmnt wnts 400 bec of cost purposes they can give more nenefits in kind but not in cash (bec cahs is transferable) o Common interest: Co stays afloat & happy EEs o So what are the other solutions? Medical prog: get a good doctor who can treat any ailment so long as ur an EE Transpo: supply a shuttle (productivity dstn go dwn & cost-effective) Bonus Day care centers o Can negotiate on a combo of the package insteadf forcing the amtn of money/result
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Ex) grades o Admin: 2.75 so that students will study harder & learn more o Students: 3.00 bec dnt wnt too much restriction; only goal is to finish o 1.0 motivates those w higher grades o Students have other motivations to study Ex) NDF: Natl Democratic Front (1968) o Coalition allegedly aligned w CPP-NPA o Claim to fame: longest running revolution in history (2008 = 40yrs) o GRP: govt of RP o When negotiated didnt talk abt territories o Started w what were their common grounds human rights o Even met in advance to det guidelines for it o Started talking abt principles Weakness of Getting to Yes: works for indiv-indiv, U-mgmnt o But when dealing w greater/bigger representations, more diffcult bec political interests come in BATNA: Best Alternative to a Negotiated Agreement o This is ur bottomline if u dnt agree then ______ o Will always approach an implementing prog wc will have mistakes bec its human nature Bec it dsnt address the fundamental Q Negotiate w a cool head Emotion: sep the ppl from the prob Getting to yes: look at things from a larger/broader perspective

Difficult Conversations Goes into the nitty gritty When u get into passionate/difficult conversation, u cant sep emotions fro convos bec its usually based on emotions Dnst mtr how often were told to be objective bec emotions will always come into play o When we deal w these interactiosn, there are always emotions There are 3 diff convos: regardless of the topic o What really happened: We tie this up w a story Looking at the stories of 2 indivs o Feelings convo:
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 How we feel abt things/we get too invovled Thus, need to get a disinterested person = lawyer Everything mtrs to u in sme way o Identity convo: Everything affects us so it somehow reflects smthng abt u We tend to mke conclusions abt our own identity but things happen not bec of our identity but they may end up changing our identity as well Dec 12 Getting to yes: focus on the interests/reason behind the positions Principled negotiation: the dialogue isnt abt positions but is abt the reasons behind the positions Positional Bargaining: focuses on positions Interests as opposed to the positions of the parties o Interests:reasons/purposes behind their position/result o Position of the parties: only looks at the results/ positions Insists on the positions rather than the reasons for their positions Ppl get into a position bec of the things wc they want as a result Core concept: focus on the interests, the reason behind (motivations) the result or positions of the parties/what they want in the end In negotiation, what ppl shld tackle are the resons/motivations wc impel the positions/results o Ex positions) UP campus Students: dnt wnt any army ppl w arms in the campus administration: want secu guards/UP police to be supported by the phil police these are the results/positions but why do they want this? Students: bec of safety? Bec campus is only for students, dnt trust the police bec they can tell their superiors whats gng on in UP dont want any show of coercion Admin: students can have their freedom, but when they get too violent, need some1 to control them = we need secu & need to show others that the admin has the will to impose themselves on bad ppl If think the other has good intentions, itll be easier to get to the reasons behind their positions o You can capture the real reasons, instead of assuing that the person wants the worst If said: ok 5 policemen only = focuses on the results In principled negotiation: can create options wc can address the positions of bth o Solutions tend to address the reasons & it appears creative bec you conjure up other things wc address the interests of both
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Called principled negotioation bec both interests are satisfied/all address the reasons & the parties are more prone to complying w the agreement Laywers interest isnt the interest if the client, so win or lose, youre paidso only the lawyers interest is satisfied Adversarial litigation: sm1 elses interest are satisfied/benefits, instead of the parties Emotion: usually dont last PN: says emotions disturb/they motivate, they make us human o Thus, PN arent effective if the conflict arises bec of emotions = conflict is emotion o Bec if you talk abt the conflict in an objective way, wo regard to emotions, it wont work for the parties = wont listen

Different Conversations: What happened: we each have our own frame/perspective/story to tell given a fact o Bec there will always be diff perspectives wc have some common ground & some might not understand your positions/perspectives o Thus, we shld recognize that stories ppl tell might be genuine on their part o But there may be a 3rd or 4th version, if we work together, they may agree on certain things o There might be an instance where bth parties may agree you open conversation & try to find common ground Identity conversation: always abt thinking that its just bec the other party dsnt agree, you think its abt you o Inevitable o Maybe the pob is that the person takes things too personally Feelings conversation: you ave to acknowledge that youre a person, identify the emotion & look at how you can control this o Usually ppl dnt identify the stages of emotions, so end up losing control o Need to identify it bec emotions are inevnitbale o Need to master what your buttons are/what makes you lose your cool bec if you ant, youll be defeated A seasoned negotiator/lawyer: knows their weaknesses/knows that smthn may be your vulnerability o Any strength may be a weakness later on Dec 14 RA 7160: Chap 7 KB (b4 PD1508) All disputes btwn parties residing in the city or municipality Civ cases: plaintiff is the priv party Crim cases: plaintiff is the state; party leagally injured is the state but its possible for a crim case to have a civ case tried at the sme time (R111: all civ cases are deemed to have been impliedly instituted w crim axns) 2kinds of remedies in the entire procedure: o *Relief: what the party is asking rom the Ct to address an injury/result of the case wc the Ct can enforce o *Where theres a R-D corr, theres a breach = either a State or priv indiv is wronged
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o 1) action: there shld be a R-D wc is breached a) crim b) civ a)ordinary b) spcl civ axn o 2) spcl proceeding: process wc establishes a fact; estabs a fact or status X R-D wc is violated Ex) adoption, pet for change of name (our name is the way we are known/lable so not easy to just cnge bec youre trying to change a status or fact c dsnt affect the pub ex. creditors) Theres no ordinary Spcl = means that ea & every proceeding is unique Cts have J over certain kinds of axns & proceedings Conflicts under KB (informal so no technicalities) arent proceedings wc may ripen into axns o Bec if dont go thru the conciliation process, cant go to Ct o Law: provided they reside in the sme city or municipality Provided in any kind of civil axns Gen rule: therefore - all civ axns shld undergo KB Exceptions: when a prov remedy is alleged in the complaint (s412b)

Katarungang Pambarangay (KB) Process is negotiation o Tho parties can choose the mode of settling disputes at 1 point o Negotiation: decision may be based ona 3rd party = mediator Mediation: parties make the decision themselves o Vs arbitration Lupon chairman: from the lupong tagapamayapa Pangkat ng tagapagkasundo (3mems): X an arbitration panel, its a mediation panel o Parties can only have an arbitration if the parties enter a contract = an agreement to arbitrate (contract wc leads to arbitration promotes party autonomy) Provs of the contract wc can be include wc stats who will be the arbitrator Related to the ADR Act of 2004 (says parties have party autonomy) o X lawyer shall represent a party he can assist & advice o 1 can refuse to arbitrate thru representation w/in 5 dys (s413) Procedure: o File a complaint w the lupon chairman
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o Lupon chairman summons (nxt working day), attached w the complaint of the complainant o w/in 10 working dys, shld meet the parties o *punong brgy just facilitates the negotiation, communication & assist the parties in resolving the problem He communicates btwn the parties (mediation) = shld be an agreement btwn the parties, shld be in writing (amicable settlement) Ex) Malaysia acted as a mediator btwn the MILF & the Phil govt Amicable settlement: agreement on the merits of the dispute o Repudiation may be done w/in 10dys from date of execution o Reiterated in Galuba v Laureta: 10 dys wld be unreasonable bec wld need time inspect Xextendable, bec law says 10dys = mandatory bec provided by law (can be changed only be passing a subsequent law) by Congress (2houses Senate & HR) X be changed by judgment

Jan4 KB: resolves all types of disputes, except when provisional remedies are alleged in the complaint Provisional remedies: Rules 57-61 X need for KB o 57 prelim injunction o 58 prelim injunction o 59 receivership o 60 replevin o 61 support Lupong Tagapamayapa: a roster/a list containing the names of those who can constitute the Pangkat Tagapamayapa (mediation party) Arbitration: arbitrator renders an award Concillation/mediation: 3rd party facilitates communication & negotiation btwn the party o Neutral 3rd party all the time? o No, parties can agree on who will act as the mediator *marriage: an agreement imbued w social interest o There was a mediator: the frnd who introduced the boy & girl to ea other o The mediator dsnt always have to be netral In C/M, the 3rd party is usually not neutral o Its jst a mtr of agreement btwn the parties/jst a mtr of preference btwn the parties o Sme in real life: generally the 3rd party isnt always netural o He can still be effective even if hes biased o Neutral in what aspect?
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Thus, it dsnt matter, dnst need to be neutral at all times Pangkat Tagapamayapa: concillation panel o Diff from arbitration bec NEVER gives an order/award & it never decides o Jst facilitates communication Order: a decision from a Ct of law o May not refer to the case itself but jst 2 a certain issue o Not necessarily a final order, may be interlocutory, etc = spcl o Ex) arrest warrant, search warrant Order w spcl names, but theyre still orders o Ex) writ of habeas corpus X a final decision, just interlocutory X a case/proceeding, but an order The consti prov on this refers to its suspension If its suspended, 1 may file for a writ HC U may not avail of the decision to bring the person to Ct but u may get a decision saying that u have no right to detain the person Its issued while the case is pending Impt bec its an extraordinary process that allows u to ensure that the person is still alive Arbitration panel: gives an award/order, decides for the parties o Ex) CT: decision/order of the Ct is called a judgment o May come up w a decision but its called an arbitral award Why the diff in terms, if theyre the same? o Bec many of the provs in the Local Govt code refer to remedies against an arbitration award, wc is diff from arbitration itself o Also, future laws (intl laws, etc) refer to the concept of an arbitration award Pangkat T dsnt render an A award, unless during the process the parties agree to undergo arbitration & they choose the PT to be the arbitrator o However, the parties may choose some1 els to be an arbitrator Can there be an arbitration agreement under the KB law while the case is infront of the punong brgy? YES o Theres no limit in the law on the agreement to arbitrate o They can agree to do so at any stage of the proceedings Agreement btwn parties is called an amicable settlement o Its a contract AND a final judgment of a Ct of law (2 characs) o If it was only a contract, then if its breached, youll have to file an axn but before that, youll haveto go thru KB agn It becomes anthr conflict wc ndergoes the entire process of Rule 1-71 & KB
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o Mst impt rule is Rule 39 execution of judgment Can only execute a judgment wc has undergone appeal or has waived appeal or appeal pd has lapsed Shld be a final judgment! o Thus, since its in the nature of a final judgment, if brached, the party can jst go to Ct & file for execution of judgment File for execution in the MTC Ex) Natl persons o A owns a bldg. he lives in Katip ave, bldg is in cubao = bth is in QC o B leases 1 of the stalls in the bldg for 1M/mo = 13.2M/yr (w VAT) o B lives in UP village. B fails to pay 2 mos rental o A approaches u & asks whether it shld undergo KB> o They reside in the sme city, but diff brgys. But since their in 1 city, they shld undergo KB despite the amnt Ex) X natl persons o Ayala wnts 2 develop 38 hectares. The cost of devt is 4.7B minimum as rental to UP o 1 prov in the contract: upon construction of the 1st bldg, shld pay 10% of the rental & ltr it increases to 15% so for everything Ayala earns, UP gets 15% o Ayala misses payment; shld UP undergo KB? o NOKB requires residency & Ayala dsnt have a residence, only a principal place of business Also, theres no mediation btwn 2 corps Also, UP is a govt instrumentality To mke absolutely sure that no KB is needed can immediately file a case & ask for a provisional remedy = pray for a preliminary attachment Regardless of whether its ranted, its immediately removed from KB A & B case (natl persons): o A files an axn in Ct, B shld file a motion to dismiss based on a cond precedent for filing a case (Rule 16, par J) o Royales: its not a Q of whether the Ct has auth to decide but its the failure to undergo a precond for filing a case! o This is diff from jurisdiction Defn: law authorizes a Ct to hear cases = it imbues it w the power to hear & try certain cases Conferred by law o Jurisdiction can only be removed (over the res, subj mtr, person) by a subsequent law or invalidation of the law granting jurisdication o Authority of the Ct has nthn to do w the parties in no case do the litigants participate in the creation of the law so jurisdiction has nthn to do w what the parties do/fail to do o X a case of no cause of axn bec the cause of axn is alrdy present - the law jst reqs that b4 the cause of axn can be brot to CT/b4 it cld ripen in2 a case, u have to undergo a procedure
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o In Royales, called an insufficiency of a cause of axn, but this isnt accurate so it was revised & now called a failure to undergo a cond precedent o Thus, the vice isnt lack of jurisdiction, but a failure to undergo a cond precedent o Failure to undergo KB = X change the law, its merely a failure to comply w the law Lay person: all the sme to himthe case is dismissed so the terms dnt mtr Lawyers: insist on the technicality bec failure of jurisdiction can be raised at any pt of the procedure, even if the parties fully participate o Bec it dnst change the fact that the Ct had no power to hear/decidethe case = any judgment has no leg effect o X statutory or consti auth to hear, try or decide an axn Wo the requisite prov giving the Ct jurisdiction, a party can file a motion to dismiss at any stage Royales: its nvr abt jurisdiction Can a cond precedent be waived? YES o A right granted by law may be waived o Auth given to a Ct cant be waived, bec if not granted a power/auth, cant exercise it o A cond precedent is a right granted to 1 of the parties, wc can be waived by the party granted the right Ex. right of self-incrimination can be waived so long as the reqs are present o Gen rule: once a right is granted to a person, it may be waived, provided the waiver is in accordance w law o This waiver is done in procedure, if the Q isnt raised seasonably Seasonably: means that it shldve been raised via a motion to dismiss under Rule 16 Usually AFTER a complaint is filed or anytime B4 an answer is filed o If the ground isnt raised seasonably, it can no longer be raised Unlike jurisdiction, it can raise the Q of lack of it/motion to dismiss at any stage o After the pd for filing a motion to dismiss or filed an answer = the right is considered waived Royales is procedurally significant bec it tells us that the remedy is to file a motion to dismiss o If the case didnt exist, the defect can be raised at anytime thus, its impt to make the proper distinctions Such technicalities are impt bec waivers shld be very clear! o If avail of the remedy in the end, it may complicate the entire process Amicable settlement: o May be immediately enforced o But it may be repudiated o Ground: consent was vitiated y fraud, violence, intimidation o Remedy: repudiation (label for the procedure) = its the vehicle o Done by: filing a statement to this effect w the brgy chairman & sworn to b4 him = sworn statement (swearing = dne b4 an authority wc is usually a notary) o The sworn statement is the procure but it has a basis/ground in order for the process to apply
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o Force, violence, intimidation = vices of consent X argue that u had less info Fraud: other party was misled & acted on info wc is completely false Lack/less info isnt fraud Y do we allow contracts when we know that the other person dsnt have full info? Bec we charge ppl w full knowledge bec wo contracts, we wld need a huge admin machinery to facilitate such & no person truly knws everything Assumption that every indiv shld have full knowledge of what theyre getting into Motion to dismiss & repudiation = bth are processes/vehicles & the grounds for them are limited...only the grounds listed will allow the process to move Can repudiate an agreement to arbitrate BUT an arbitral award CANT be repudiated o The amicable settlement & agreement ot arbitrate are contracts, thus persons are allowed to go back on it bec of a vice in consent o The arbitral award is the product of the agreement, thus, the grounds for attacking such are very few Repudiation of amicable settlement: o 10 dys from date of settlement/execution of settlement o Ex) P & J entered into an amicable settlement, while P was signing, J had a gun & showed it to him, saying it might go off it he didnt sign (Jan1, 07). P has a hard time getting a lawyer, but he gets 1 on Jan 15, 07 o Whats the remedy? NONE, the law says 10dys & the Cts cant change the law o 10 dys is Jan 11 (exclude the 1st, include the lst) o Galuba: X repudiate, the finality of the settlement cant be attacked = so whats the remedy? o In the AS, P was to pay J 10Bwhat now?

*my answer: pay J or consign the amnt. Then file for annulment of contract bec of vitiation of consentso comply 1 st w the AS then filed for annulment Jan 8 (ach & donna) *ach Compromise: adjudication Mediation: amicable settlement o Is a cond precedent for filing a case o Failure to mediate isnt a matter of J How to attack: o Amicable settlement: repudiate o Arbitral award: file petition to nullify based on vitiated consent
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Why the need for a Ct order? Con of compulsory mediation o Contradicting main motive of mediation No agreement: certificate to file axn (dsnt expire) Agreement: amicable settlement o Contract & final judgment o May repudiate w/in 10dys from date of execution of settlement Lawyers may be present but cant represent the party o Why? To allow parties to proceed in GF, to facilitate, they muddle up issues ADR of 2004 o S14: lawyer may legally represent/assit in mediation; may be waived & rescinded o Why are there provs that presume the other party ddnt want the amicable settlement Degrees of conest, cld be grudgingly given Enforecement provs o 1/in 6mos: MTC; past 6mos: axn for revival ADR s3(a): includes o Arbitration, mediation, conciliation, early neutral evaluation, mini trial, combo Adv of ADR: quiker resolution of conflict: heavily recommended Mini-trial: contractual, bth parties agree, non-binding Were trained that parties stick to their sides but in reality, they can change thier minds Mediation: voluntary, not compulsory like KB o Problem: if the contract provides for mediation w a 3rd party, wc applies? Contract provs (ADR) or KB Look at ADR policy policy autonomy KB not applicable o S6 exception to ADR: cant be mediated Labor disputes Civil status of person Validity of marriage Grounds for leg sep J of Cts Future legitime Crim liability By law cant be compromised o State interests are involved o If stipd stip is void ab intio (stip may also be unenforceable, etc defenses)
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Breach of substantial prov of a contract providing for mediation, how do you enforce the prov? o Go to Ct to have the prov interpreted UNCITAL: arbitration provs are separable from the contract

*donna KB allows a shift from mediation to arbitration Whats in the nature of the arbitration wc prohibits gng back to mediation? (agreement to arbitrate) bec mediation assumes that theres no agreement Compromise Agreement: adjudication; amicable settlement; mediation in KB Compulsory Meidation: (mandatory) compelled to go to a process in KB in mediation KB: mediation (amicable settlement) ADR: arbitration (arbitral award) S412 (b)(3) To avoid KB, file an axn that contains a prov remedy: o Prelim injunction o Attachment Provisional remedies under the ROC: o Prelim attachment o Prelim injunction o Rcvrship o Replevin o Support pendente lite: even compulsory mediation cases are domestic disputes COMPULSORINESS in mediation o How compulsory is mediation? Simply a cond precendet & not jurisdictional (Royales v IAC) & (Morata v Go) failure to state a cond precedent = R16, s1j magic words = words sir looks for in the exams End of concillation: either succeeds or not What is issued? o Cert to file an axn no conciliation is reached, amicable settlement 0 if a settlement is reached Amicable settlement v Cert to file an axn o Cert to file an axn: dnst expire, but the axn prescribes o Pd of repudiation of amicable settlement: 10dys from the date of the execution of the settlement Lawyers can coach their clients in KB Why are lawyers not allowed to represent clients in KB? o To facilitate the resolution of the case
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o To allow the parties to agree In ADR, a party may designate a lawyer or any other person to provde assistance in the mediation (may be represented by a lawyer) Galuba v Laureta: after the expiration of the 10 dy repudiation, but theres fraud, intimidation? o Sir: relief is not to comply then, undergo anthr negotiation when a dispute arises Enforced w the MTCT; after 6 mos Petition to nullify b4 the MCTC & MTC o Why is there a need for a petition to nullify b4 a Ct of law? Very difficult for the arbitral panel to go back to their work Unreasonable law may be challenged DP challenge ADR: mode of dispute resolution? o Mediation o Arbitration o Conciliation o Mini-trial: non-binding resolution of a conflict (contractual) Trial on the cadse b4 senior decision makers or w neutral 3rd person o Early neutral evaluation: a panel assess the conflicts o Or any combination thereof Advs of stipulating submission to ADR in a contract: o Party autonomy, freedom of the parties to make own arrangements o Speedy resolution of cases (bec of cligging of dockets, few competent judges) o Some cases reach 10yrs to be resolved o However, to provide for the right law applicable, you will still need a lawyer (the secret) Most contracts have ADR clauses ADR is hevily recommended Voulntary Arbitration (RA9285) ADR Situation: if parties reside in the sme city but in the contract there is a ADR clause to undergo mediation, do they have to undergo KB? o YES, bec 1 has to get a certificate to file axn to enforce the mediation provision o Is this logical? A party may be named in the mediation caluse as long as there is consent (por atrui) Meidators need accreditation from the DOJ: to det competence o S50 to certify ADR practitioner & ADR service providers have undergone the professional training provided by the Ofc Party autonomy is the policy of the state KB: compulsory mediation where they may agree to arbitration ADR: voluntary mediation Conflicts wc arent mediateable:
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o Labor disputes o Civil status of persons (daughter, son, married, single, major or minor) o Validity of marriage o Any ground for leg sep o Jurisdiction of Cts o Future legitime o Criminal liability o Those wc cant be compromised State interest in marriage: family If not spcfc (the mediation clause): the law kicks in Mediation process? o No, process provided in the law o Facilitation of communiation negotiation o Assists in the rdg of a voluntary agreement o Steps: Write the mediation prov Parties have to agree on who the mediator it Try to negotiate first Write a lttr to the other party, regardning the mediation prov, mediator, grounds, failing in wc, Ct to enforce the contract spcfclly the voluntary mediation clause to det the time, place, mediator, etc Trigger an agreement, BEC THE LAW DNST PROVIDE FOR AN EXACT PROVEDURE International commercial arbitration seperable (from the main contract) s16 of the UNCITRAL Model Law Can parties agree thru an arbitration to det the mediation process?

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Jan 9 ADR is one of the quickest way to process the issue (donna) Certificate to file axn: proof that 1 or the parties have undergone the process reqd in the Local Govt Code Def: if MTD re: lack of cond precedent Plaintiff: allege the existence of CTFA CTFA: alleged in the complaint as existing o Integral part but absece of CTFA isnt fatal o General allegation of cond precedent is sufficient Ground for MTD o Failure to allege/state the existence of the cond precedent not fatal o Failure to undergo the cond precedent fatal Significance of missing a statement: o May lead to a denial of DP if the lawyer keeps on changing the complaints but the ROC allows the amendments of complaints, info & supplements to the complaint MTD: the cond precedent for filing the claim hasnt been complied w (dsnt exist, not merely failure to state a cond precedent) Diff from failure to state a COA o Diff btwn stating & the existence In KB, ground for MTD is non-existence Repudiation of amicable settlement: process, remedy of party aggrieved by it o Label o Repudiation: a sworn statement as opposed to a petition to nullify by the complaining party (not the lawyer) b4 the lupon chair or the notary Grounds for repudiation of an amicable settlement: o Vitiation of consent by: fraud, violence, intimidation Petition to nullify: also sme ground as above arbitral award o File a case to nullify (legalese) Compulsory arbitration:LA If arbitration becomes compulsory when ds the law kick in? LAs need not be lawyers Adjudication Compulsory arbitration Judiciary Executive (DOLE) ROC Own rules & procedures - more flexible procedure
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Compulsory arbitration: conflicts arising in construction industry o No, not compulsory arbitration s4 of EO1008, must agree to submit to voluntary arbitration Construction industry conflicts: voluntary arbitration After the conflict arises, the parties may agree to arbitrate Lawyer may represente in the arbitration Arbitrator not necessarily a lawyer not a practice of law In intl law is there compulsory arbitration: in gen theres none, but there are some bilateral investment treaty of RP-Australia (Investment Disputes) 249 countries under WTO (250-300) Convention of settlement of investment disputes btwn states & nationals of other states also a compulsory arbitration WTO: provides for compulsory arbitration Voluntary arbitration: o Domestic arbitration: 2 types General Construction induatry (EO1008) Who can be arbitrators? Appointed by the parties (establish their confidence in you) Model: o i: institution that takes care of the roster o e: contract of arbitration, the choose the procedure there is a Phil Mediation Center UNCITRAL: UN Commission on Intl Trade Law o Suggests statutes dealing commercial law o Made the model law o Uncitral: mere annex in RA9285 But weve adopted the Model Law (s19,RA9285) RA9285: international party excludes domestic subsidiary conlict chap4 wc incorporates the model law wc includes the domestic subsidiary UNCITRAL: general Ct cant intervene o Exception: when otherwise provided by law (a33,a34, etc) o Not goverened by the model law (ex. dispute btwn the arbitrator & the parties) o A5 applies only to international domestic arbitration Theres a conflict here btwn s32 & 33 o Domestic arbitration: governed by RA876 (s32) o Model law suppletory? Wc governs KB or voluntary mediation?
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o Possible argument: voluntary mediation bec of the policy of party autonomy (sir wld go w party autonomy) (bones) 2 outcomes in ADR 1. No settlement a. CFA (Certificate to File Action) proof or evidence that KB was complied with. File action in court* 2. Settlement/award a. Amicable Settlement (parties agree) i. Aggrieved party can repudiate within 10 days from the execution of the settlement (filing of a sworn statement by the aggrieved party) grounds are vices of consent. All you need to do is file it and the amicable settlement is vacated. b. Arbitration Award (arbitrator/s decide) i. Aggrieved party can file an action to nullify. Grounds are vices of consent with regard the arbitrator/s. Aside: ONE thing good to remember, which will help us in our study of remedial law is as follows Label name / magic words / Toyota corolla Remedy Vehicle itself (not just the label but what the vehicle itself) Grounds the people who ride the vehicle So Toyota Repudiation can only be ridden by Misters Fraud, Violence and Intimidation. But that is not the only car they can ride, they can also ride the Toyota Petition to Nullify *What is done with the CFA is that it is alleged in the complaint that such CFA is existing, and the CFA itself is usually attached to the complaint. But the absence of the attachment is not fatal to case as what is contemplated in rule 16 (1) (j) is the existence of the CFA and not merely that it is alleged. However, such can be attacked under rule 16 (1) (g) for failing to state a cause of action (if applicable). Also, it is absurd to contest the validity of the issuance of the CFA, as the act of contesting is a proof that conflict does exist. Aside: Why do we quibble about the importance of what is being alleged, making it seem as important as the existence of the fact that may or may not be alleged? Because, generally speaking, when you fail to allege it in a statement, it will be a denial of Due Process, as the other party would not know what to defend. Is there such a thing as a compulsory / mandatory arbitration? Yes. The provisions on the labor Arbiter (Arbitration in the Construction industry is voluntary)

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If it is compulsory, what makes it different from adjudication? The Labor Arbiters derive its authority from the SOLE, the courts derive its power from the judiciary. In labor Arbitration, non-lawyers can be arbiters (they study longer, specializing in a school of labor relations for 4 years, not including Masteral and PH studies). In a court of law, lawyers (except generalists) are used. Arbitration leeway to change procedure Adjudication cannot change rules of court (there are some flexibility but still not that great) Can parties agree on arbitration after the conflict has arisen? Y Can parties provide for it? Y Can lawyers be representatives in arbitration? Y Can lawyers be arbitrators? Y Can a non-lawyer be a representative? Y, but advantage of having a lawyer as a representative is that you already have a lawyer should you need to file a case. How does one become an arbitrator? By choice of the parties. But they are chosen by the parties because they are known to be good arbitrators, and they are known to be good arbitrators if they are part of an certified arbitrators list or something to that effect. Internationally is Arbitration Compulsory? Y, example is the RP-US Bilateral Investment Treaty (BIT) Why is International law a 3rd year subject? To create a domestic bias in the curriculum. B.I.T. is entered into for the protection of investors. In case state party or the transnational have disagreements commercial arbitration with an international flavor is entered in to. How many countries are there in the world? around 250-300 (249 are member of WTO) WTO has a mandatory arbitration clause. International Court of Justice, however, is voluntary. Aside: Philippines proposed to China to settle Spratly issue in the International Court of Justice. China declined, as it is voluntary and it will be easier for them to occupy the islands compared to us. We must wait for it to be a trade issue, WTO then will have jurisdiction, and this is mandatory.
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WTO arbitral awards, powerful body, as soon as you become a member you submit yourself to compulsory arbitration. NAFTA also for North America US-SING BIT also for US & Sing In the economic sense, arbitration is now very important I. Arbitration a. Compulsory b. Voluntary c. International i. Commercial ii. Non-commercial d. Domestic i. In general ii. Construction industry Our law only cover international commercial arbitration. EO 1008 creates a commission, form, all you have to do in construction contract is put voluntary arbitration and the law is deemed read in the contract. Again: Who can be arbitrators? Anyone picked by the parties But how do you get picked? Join groups Usually Eco-Law professors are chosen as arbitrators. There are institutions that take care of the model and the roster, if you employ them, you get whole package. When parties say there will be arbitrators, contract provides for the entire process When parties choose a firm, the rules of the firm is followed. From roster, to fees, to procedure Theres a Philippine Mediation Center that is being set-up
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IBP is also thinking of setting-up a similar institution The International Chamber of Commerce also has an arbitral panel The World Bank is a group of institutions (IBRD, IDA, IFC, MICA, and the ICSID) A lot of investors will take ICSID, because if you go against the arbitral award of the ICSID, you go against the entire WB group UNCITRAL they suggest to states model laws (arbitration) When we adopted the UNCITRAL, we adopted it by making it into an annex (annexing it) PAL (Phil Airlines) flies from Manila to LAX, a conflict arises, does UNCITRAL cover this? Would any conflict for international routes be covered by International Commercial Arbitration? DELL has a subsidiary in the Phil (incorporated in Phil) with 95% ownership by DELL Intl, while 5% owned by Lee, Lim, Ocampo & Kabatay (more money, be corporate secretary para more money din) the business is to hire in the Phil Dell Phil contracts with call center operator, you negotiated and assured a friend that he / she will be a call center supervisor and not a call center agent. But he / she was assigned as call center agent. Would this fall under the UNCITRAL? In UNCITRAL, as long as parties agreed that the subject matter of the arbitration agreement relates to more than one country., UNCITRAL governs. Article 1 (3) (c), while in the definition of the ADR Law, a domestic subsidiary is not considered an international party. The difference lies in that the ADR law defines an international party, while the UNCITRAL defines an international commercial transaction. What if DELL is an Australian company? Then RP-Aus BIT is applicable. What is the courts participation in Arbitration? Articles 33-35 & fees and damages Contract of parties and arbitrator can be arbitrated. Art 5 applies only to International Commercial Arbitration? In RA 876, can a party file and compel a court to appoint an arbitrator?
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For International Commercial Arbitration, the whole UNCITRAL is adopted. For domestic arbitration, only articles 8, 10-14, 18-19 and 29-32 of the Model law was adopted. 876 governs or UNCITRAL? KB of voluntary mediation (party autonomy)? But there is a statement that KB is not repealed. Sir would go with party autonomy. You are changing the situation. Re-read and make an outline of RA ADR Law (with model law as annex) RA 876 (Arbitration Law) EO 1008 (Construction) NY Convention of 1958 RP-Aus BIT UNC RF FAA Jan 11 CFA: absence of KB = ground for a motion to dismiss o Non-compliance w Rule 16j means complete absence of KB o Burden is on the def who is filing a motion to dismiss Amicable settlement (AS): repudiation for vitiation of consent (3 grounds) o Violence o Force o Intimidation Compulsory Arbitration: ex is the LC RA 9285: ADR Act of 2004 Clarifies the mode of dispute resolution in the Phils Lists the modes of DR Are the modalities in the law exclusive? o Ex) avoidance = mode of DR? Yes , it is. Is it legitimate? Law dsnt say that any other DR isnt legit so long as its by agreement of the parties
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Indigenous practices of settling disputes; family concillation, mediation, sheer power, mediation arbitration, etc = theyre all legit forms of DR o Other exs) Ibayao truth telling; killing all the mems of a tribe o Theres much more than trial by ordeal, there are other modes of DR

Mediation In mediation, there are mtrs tackled during the M wc is treated as confidential * arbitration awards: arent precedents BUT the award itself isnt confidential bec it needs to be recognized & enforced There are at least 2 parties in M Ex) if exams are to be postponed, usually the classes undergo M bec the class Pres talks to the class regarding the sched If M is open to the pub does this change the dynamic btwn the 2 persons? o YES bec theres a 3rd parte being spoken to the pub - & sme matrs are best left btwn the parties themselves o So its impt to ensure the confidentiality in M = so that the parties can freely talk Can the Ct subpoena 1 of the parties? YES (gen rule) o But the law lists exceptions o Law dsnt say that theres no subpoena allowed if a person undergoes M Gen rule: a person cant be compelled to testify on what transpired during a M process o BUT he may testify on info wc he knows, not related to the M process o Mtrs dnt become confidential merely by their use in M A person may share a fact wc he shared during the M but he cant testify that it was shared during M (sec9, par c) o Indep of its sharing in the M process it wstn inadmissible but the fact/process by wc it was shared may not be shared AGAIN o Theres NO prohibition against a party who participates in a M process to be called on by a Ct to testify o BUT confidential info obtained during the M process cant be obtained/compelled to be told from the person If the medium of info youre seeking is confidential, you cant compel a person to reveal it; BUT if the info is admissible even b4 its use in M, it may be revealed Ex) Counsel A asks counsel Bs client what did u say during the M process? o Object!! Bec every mtr shared in the M is confidential Reform the Q so prohib wont apply: o Ex) Pedro saw Maria sign the contract; then a conflict arose & they undergo M; Pedro says during M that he saw Maria sign the contract o Ask: what did you do if any on Aug 26, in relation to ur conflict w Maria? What did you see in that room? o Here, you arent using the info in the M proceeding IMPT: info isnt rendered confidential by its mere use in M! (sec9)
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Mediatior & confidentiality Gen rule: Ct CANT subpoena him (sec9f) A party can be subpoena/called but for a mediator, the gen rule is they cant Reason: bec a mediator has no connection to the conflict aside from thru the M The parties however, may have info related ot the conflict wc wsnt subj to the M itself o bec went thru M, possible that the parties tried to resolve it even b4 the M, thus there may be other admissible info exceptions: sec 11 ex) pedro & maria wife of Pedro is present = is the info pub or confidential? o Public: dsnt this imply there shld be more than 1? Ds it imply also that so long as it isnt private? = wc defn shld we follow? Ex) secretary of the lawyer is present o Sec9d still applies = still confidential o Relevant bec it recognizes that the present of certain ppl still makes the mtrs confidential & dsnt mke it pub When does a proceeding becomg pub? Ex) P & M agree to meet in Jollibee w a mediator pub? o You can argue that the pub had access to the info o Its has be come pub bec u chose Jollibee Ex) Mla Penn, senators Lounge? Examples show that the choice of the place mtrs in confidentiality o Confidentiality: needed in order to encourage the parties to arrive at an agreement Lawyer-client = agency relationship (???) o If the client dies, the retainer contract ceases & it becomes the duty of the Attty to tell the Ct that the client died o If the Atty dies, theres no retainer agreement any longer All other parties (aside from those listed in the law) may be argued as part of the public! o Pub policy: to settle a conflict by making proceedings confidential o But at the sme time, you want things to be admissible so make it pub & make things more transparent Contract/agreement in mediation Parties settle is this the sme as AS in KB? NO!! *CFA: you go thru the entire process (rule 1-39) o AS: you can go straight to rule 39 thus it has a huge importance & can benefit a client/caseso KB is VERY impt! 10 CALENDAR days to repudiate ADR: settlement agreement in M is a contract o But dsnt have the sme charac as an AS
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Gen rule: any settlement agreed upon dsnt have the force of a final judgment UNLESS the parties agree to submit such to the RTC or agree that they wont go thru the entire process or if the agreement states that itll be treated as a final judgment o Ergo, its optional to the parties Advantages/Disadvantages of KB & ADR o KB: result wc is an AS has the force of a final judgment = immediate! Parties need not do anything for this to happen parties need not agree upon the mediator bec immediately its the punong brgy or the pangkay ng tagapagkasundo (mems from the lupong tagapamayapa) o ADR: Parties are free to choose the mediator If they bth trust the mediator, this adds to the credibility of the agreement entered into & more likely that the parties will abide by the settlement Covers not only natl persons but also judicial entitites Parties can agree as to the place of M In M youre free to adapt any rule or procedure Disadv: o Any agreement dsnt have the status of a final judgment Unless you deposit it in the RTC or expressly provide for such in the agreement Ex) can 2 Cos say that theyll abide by the process under the KB law? o Yes, they can adopt the procedure under the law o But this is highly improbable; but not illegal Nthn in the loc govt code prevents a punong brgy from assisting in M

Arbitration Impt to provide for an A clause/chap Its auth is based on a contract, thus there shld be an A clause (either simple or complicated) A agreement: comprised of several prestations o Parties can put this in either b4 the dispute actually arises or when the dispute arises Gen rule: A clauses/agreements are part of the contract & theres no separability o Exception: if the contract involves commercial matters (UNCITRAL) o Reason: bec the Model Law applies & sec 16 says the A clause is separable o Other exception: domestic A if the parties agree that the A clause is separable from the contract ADR law dsnt make the A clause separable = X separability in domestic A A clause: may be a sep contract or clause w/in the contract o Validity of such is dependent on?
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Gen rule: the statute of the country where the parties are or where they contracted Intl commercial: parties can agree on the governing law for the validity/existence of the A agreement or the entire contract? EX) o Jollibee corp will buy from Phil Cattle meat they say governing law is NY law; contract entered in the Phils Will NY law govern? NO Phil law will apply (ADR & CC) When the parties are purely domestic & its a local contract = domestic law applies o Jack in the box (US chain in NY) & Phil Cattle, contract entered into in the Phils & says that US laws in NY state will govern To det whether the governing law prov is valid, look at Phil law bec contract entered into in the Phils Phil law says its valid bec law states the Model law will govern ADR: for intl commercial A, the governing law is the Model Law (sec 19) Model law allows such a prov Model law: parties are free to state wc is the governing law o Bec UN is trying to convince a lot more countries, so that the provs will be harmonized Prob: can the Phils apply foreign law in their Cts? NO, we cant litigate foreign law in the Phils o But by contractual prov, the Phil Cts are allowed to apply the foreign laws o US law is more accessible to us, more than Phil law is accessible to foreign countries Can the parties provide for the entire procedure? Yes, allowed by the Model law Model law: (what parties cant do) o They CANT provide for vacation of award or non-recognition of the award, except if its based on the Model Law Parties can add grounds for non-recognition of awards unless the Phils is part of a particular treaty o Such treaty wld apply & govern

* in law: take the text & see if it applies to the situation or not if it dsnt, apply it! You dnt really need to put in your own thinking Jan 15 Summary: Avoidance as a DR process isnt expressly prohibited by the ADR 2004 Arbitration: o Gen rule: its auth is based on a contract & it isnt severable for domestic arbitration o Exceptions: If international commercial: its severable Domestic arbitration: if parties stip Validity of A clauses depend on the law in wc the provs of the contract is questioned Domestic law: basis of determining the validity of A clauses
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o Unless it allows the parties to agree on the governing law o In ADR law, for international ADR law & in s19, it says the Model law shall govern Model Law is the equivalent of a statute Law wc dets the validity of the law in wc the parties are litigation, unless the law allows the parties to det the governing law When is it an intl commercial contract? o A.1 of Uncitral What arent arbitrable under Phil Law? o S6: labor, validity of marriage, civil status, etc

(bones) Arbitration Authority of Arbitrator is based on Contract Separability Clause must be stipulated (unless ICA) Law that governs WON Arbitration clause is valid = Domestic law (citus) Unless under ICA, cause in ICA our domestic law adopted in toto the provisions of the Model law As is proved by Art 19 (4) of the ADR Law (When you prove, cite the law) Therefore, does the Model have the weight of a statute? Y Indication of International There are certain things parties cannot stipulate on Like civil status, validity of marriage What if ICA, and they choose a governing law that allows such a thing? Can parties stipulate on the civil status of a person? N Prove it Art 36 (4) (b) (i) of the Model law The award may not be enforceable in the Philippines as state may refuse to recognize the foreign law. Flow ARB Clause (creates the power to arbitrate) Arbitration Proper ARB award Vacating Confirmation
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Recognition Enforcement Creation of Arbit clause can either be before or after a conflict arises Such clause could be done through fax or email, need not be in any formality just as long as part of it is in writing. Locally, what is important is that there is a meeting of the minds. There are two kinds of arbitration: 1. Domestic (adopts 876 and certain articles of the Model Law) a. Non-construction b. Construction (EO 1008) 2. International a. (ICA) International Commercial Arbitration (ADR Law 2004) b. NCA Art 36 of Model law talks about judging the validity. What are we talking about? Validity of AC (enforceability, operability, existence) or validity of entire contract? Governing law NOT EQUAL TO Treaty (Statute within state) (Domestic law) ARB clause: Contract agreement Parties creating law (consent) Not against law, pp, gm, po, gc International Charter of ARB WTO has 149 member-states IMF has 150 member-states The Philippines is not the only state with Law, the contract thus must depend on some law. Por Ejemplo: Marriage is a contract

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What law will be followed if they get married in a foreign country, not being citizens of that country, is that a valid marriage, by which law will it be gauged? YES. lex loci celebrationis except if essential requisite Can they subsequently get a divorce from the state where they got married, still not being citizens there? Will their divorce be valid in Phil? NO In the US party autonomy is allowed even for domestic parties. Apple US Contracted in Sing Phil (buyer) They can set the law of Japan as governing even if none belong to Japan. But if arbit use Model law Our domestic law applies but it points to the Model law. Separability LAW 1. Substantive Part 2. Conflicts of Law Part If Jap law is the one chosen to govern, what they contemplate is that the Substantive law of Japan and not the conflicts part, because that conflicts part will point to a law, which in turn will point to another law, ad infinitum. Who determines? Court / Arbitral Panel Domestic Arbit Art 16 gives arbit panel exclusive competence, if clause is valid, existing Arbit panel can determine it but eventually court can determine it, even in first instance, the court can determine it. Kompetenze Kompetenz (ability to determine competence / competence to determine own competence) Aside: when we ask the judge to recuse, it is a polite way of telling him to inhibit. ADR CLAUSE Parties are free to determine the terms of the contract. The law is there as default provisions. Can provide for Eval of evidence first Admirable if contract is complicated. But valid even of contract 22 pp, 20 pp of which is the ADR clause unreasonable but can still be valid.
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Instead of outlining, you can adopt existing rules You can also just hire an Arbit Center and follow all their rules. Parties can appoint the arbitrators, if they do not do so, according to the law, the IBP national pres shall make the appointment. o The problem with this is that the IBP pres heads an organization of lawyers and not arbitrators. o Not all lawyers are arbitrators and vice-versa If there are questions as to the chosen arbitrators, the IBP national pres (default) will also decide. You can also appoint an appointing authority. Their decision is final Evidence o Pre-hearing brief o Hearing Witnesses Documents o Post hearing brief o Arbitral award circulated to parties o Arbitral award Time can be bound Period may be controlled Even venue can be agreed upon Provide for deposit of fees Expenses of arbitrators

Arbitral Award IS NOT EQUAL TO Judgment Private body Govt institution - court Comes from AC coercive force of Govt If your claim is <$50,000 just choose 1 Arbit If your claim is <P10,000 just choose 1 Arbit (everything goes to Arbit) Award is recognition of court domestically o Recognition of award is essential o Cannot cover status of the parties o Even if governing law allows, we adopted locally the Model law Art 36 Recognition is a Proceeding not an Action
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Recognition special proceeding, you ask if FAA is valid, if so then enforce Proceeding Judicial Process to determine fact or status (change of name, there is no R-D breach) Action what goes through is there a COA (RD breach) Under domestic Arbit you need confirmation, first the recognition then the enforcement ICA FAA recognized then enforce but can still be vacated. Por Ejemplo: o Contract done in Canada o Properties found in the Phil & U.S. o RP can choose not to recognize o US can still recognize o But if vacated in Canada, decision is vacated in all jurisdiction. Vacation has almost the same grounds for non-recognition and non-enforcement (VC, Violates D.P., not in accord with law and public policy) Courts participation o Recognition o Enforcement o Can also refer to arbit (during pre-trial at the latest) as there are Court-Annexed arbitration and mediation Created by & done with its jurisdictions & authority In 876 court can even create the Panel o o Arbitral panel can issue provisional (remedy?) if not you can get from a court Panel can also compel party to reveal evidence (DISCOVERY) American style allows discovery European style do not allow as extensive Aside: Why are our legal system more akin to the American influence more than that of the Spanish, being that Spain was here longer. America made sure that our entire legal system was influenced/trained by them. If in Canada, one of the parties can go to Phil and RTC can issue discovery proceedings

Can a lawyer be present even from the inception? Yes, as the parties are creating a justice system personal to them.
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Going Back: Art 6 of Model law provides that as default of the party, there will be an assisting authority in arbitration CASES Was there a complaint? What did they do in the TC level? In CA? We are concerned about procedure

Aside: the reality is that a lawyer very scarcely argues/appears in SC. Reality is we stay in the TC level more often than not Then issues o Procedural issues (bulk) o Substantive issues (only so far as it is needed to understand the procedure) Then Ratio Decidendi comes up with a one-sentence rule. (Important as it becomes stare decisis) Reasons/Reasoning for each R.D. Dispositve Everything is important even the title and the Ponente The Ponente is relevant so that you know how to craft your argument

NIA case Davide opens up a lot of issues that will support his conclusion. One is not enough (1) Certiorari & petition for review is mutually exclusive (2) Even considering the lapse of 15 days, did the construction industry have jurisdiction? (jurisdiction seem to be mandatory) need not be specified for as long as voluntary arbitration is agreed upon. (3) Waiver. Party participated by filing an answer and even a counter claim. Situation: If general but some consent to arbit is present CIAC applies. What if the ADR clause points to the Uncitral Model or to Philippine Dispute Resolution Corp (fictional)? Such a clause may not be valid as 1008 states that it has the exclusive jurisdiction in CIAC. (mine) Can make ur own procedure in arbitration o Can overcome the entire domestic procedure except for recognition & enforcement
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How to recite cases: Facts: o Things wc happened b4 Ct o Include the procedure all the way to the SC o Even the small details in the RTC (bec everything happens at this level) o Read btwn the lines: so look at what happened in the TC o Work the reverse = this is procedure Issue: o Procedural issues o Substantive issues Ratio decidendi: o 1 sentence ruling for ea issue Reasoning: of the Ct for each RD Disposition of a case: o For the pet or resp o What do we give them *everything in the case is impt in procedure *spcl civil axns: Judge is normally a respondent * know the ponente bec u go to decision makers & u shld know how to argue b4 them NIA case F: NIA opened a contract for bidding & Hyrdo won It was agreed that certain amnts wld be paid in pesos & dollars & there was an AA but it didnt state the A commission/institution o Just that they wld go thru voluntary agreement Date of acceptance is impt in this case = 1984 o Bec it came b4 the promulgation of EO 1008 (1985) Hydro pursued collection of the balance Hysro submitted it for arbitration in the CIAC in 1994; NIA also nominated arbitrators Procedural I: wc shld apply rule 65 or rule 45? o NIA filed w the SC under rule 65 (spcl civ axn for certiorari) but it shldve been a pet for rvw under rule 45 (pet for rvw by certiorari = an appeal) Won the mode/remedy invoked by NIA, in gng to the SC under rule 65, is proper? NO o But not an issue in this case, just a procedural defect o But the Ct disposed of the case w mere thisthus everything else wldve been obiter BUT SC said in the alternative
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o If its not a proper remedy, issued wld be whether the case has become final from the CA after wc the Ct can finally dispose of the case Its the issue & ratio decidendi wc lawyers are concerned w, bec this is whatll be stare decisis Davide opened 2 avenues here: (he opens up a lot of issues wc will support the conclusionto make sure theres adequate support) o Shldve filed under rule 45 - an appeal w/in 15 dys Certorari & pet for rvw are alternative/mutually exclusive o Does CIAC have jurisdiction over the dispute? YES Bec in the contract, agreed to submit to A & under the law, this is enough for the contract to fall under CIAC jurisdiction Agreement need not be scpfc to the CIAC, so long as agreed to arbitrate Even assuming there was no contract, since the parties participated in the A, the an AA agreement was entered into after the dispute arose What if the contract points to antrh arbitral panel, not CIAC, will the conclusion still be the same? YES o EO 1008 says orig & exlcusive J is found in CIAC so long as the parties agree to A CIAC law appears to be mandatory so long as the parties agree to arbitration Pg268: seems to suggest that parties arent precluded from gng to a diff forum o But obiter only bec this isnt the kind of clause being considered in this case o What was being considered was a gen clause Parties may choose anthr forum so long as they agree on A = if this is allowed, this destroys the statutory exclusivity Jan 22 Summary: Arbitral Awards v Arbitral Agreement o Award: result of the process of A wc is given by an arbitration panel (AP) o A agreement/clause: validity depends on the domestic law where it was executed 1st det if it exists: meaning there shldve been a mtg of the minds Existence is diff from enforceability: Enforceability refers to the reqd formalities of the agreement & there may but it can be invalidated Grounds for invalidation: o Contrary to law (void ab initio), pub policy, good customs, vices of consent, fraud, incapacity of a party Ex) IBP (corporation), can they be incapacitated to enter into a contract, if it dsnt have juridical personality (dsnt exist) or its agent/s has no auth to enter into contracts Thus, contract becomes voidable unless its ratified Ratified by the axn of the principal = the corp wc acts thru its governing board (board of directors or board of trustees)
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*know the approving or ratifying auth Arbitral Clause: AP has no jurisdiction (J) if the AC dsnt exist or if its invalidated based on: o Its being contrary to law, pub policy, good customs, etc; or o Its voidable Invalidity means: its vulnerable to attack bec its void ab initio or voidable o Bth mean its invalid but the grounds to reach this conclusion is numerous Where do you Q the J of the AP? o Raise it in Ct (domestic) o Raise it in the country (Intl Commercial A) An AP has the J to rule upon its own J = Kompetenze Kompetenz o KK = the power of the AP to rule upon its own J A Ct also has Kompetenze Kompetenz Can parties agree in the A treaty that they will rule 1st on their J? o Yes, parties are free to rule on the form of A so they can stip this o Domestic law: (Phil) need to expressly stip this bec if not, A16 of the Model Law wc allows parties to rule on their own J hsnt been adopted by Phil Law applies only to Intl Comm A If the AC is invalid, the AP dnt have J to settle the controversy After an Arbitration Award (AA) has been issued, there is a process: o Domestic: AA cant be enforced unless its confirmed o Foreign AA: cant be enforced unless its recognized Under the Model Law: we can set aside a foreign AA in the J/territory where the award was given Rule on Place of Arbitration: o Norm/rule stating the place of A is found in the law in default of the stip of the parties o Phil Law: ADR law dsnt prohibit the parties from stipulation a foreign place o Place of A is impt bec its the forum wherein the AA may be set aside/vacated o Only Cts w/in the forum can vacate/set aside an AA the remedy is available only to Cts w/in the forum Factors to consider in choosing the place of A: o Look at the laws of the countries & review the grounds for vacating the AA Ascertain each law of the parties If in the US, spcfy the state law bec they also have federal law Grounds for setting aside/vacating an AA is this covered by a treaty? NO o Its only covered by a suggested law created by an international org wc the Phils has adopted = Model law (law wc Uncitral came out w) o Uncitral: is a continuing body wc comes out w model laws = sole fxn o Uncitral tires to harmonize the setting thru the Model Law
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Wc we only adopted for Intl Comm A Dsnt apply to domestic A but it was meant to apply to domestic law as well Treaties may also state the grounds o Countries may either adopt it or copy it Foreign AA: needs recognition o If not, it cant be executed in anthr forum o If the country dsnt recognize it, this dsnt mean that the AA dsnt exist, unless the AA is vacated o File a petition for recognition of an AA Its a spcl proceeding bec theres no R-D breach *axn: theres a cause of axn wc means there was a R-D breach *proceeding: X req of a cause of axn; judicial procedure in order to acknowledge a state of fact or a status o Youre merely getting the Ct to formally recognize the AA o Ex) AA in Japan, properties are in the Phils & Indonesia Phils Cts refuse to recognize, but it can still be enforced in Indo if recognized Japan: person files to vacate the AA on grounds in the Model law If vacated, it cant be enforced or recognized anywhere X recognition in the Phils based on grounds in the Model Law: o AC was invalid o Bias of the AP, etc What are the sources for non-recognition? o Phils: law & treaty (convention of the recog & enforcement of foreign AA) Why dnt judgments need to be recog in the Phils for execution? o Bec issued by Cts who are granted authority wc are stated in law & the Consti o Ct endowed by J by the Consti: SC Ex) petitions for habeaus corpus: concurrent J Appellate J: to review crim cases where the penalty is life imprisonment or death Death: automatic rvw Frm the rdg of the Consti, this J seems to be exclusive appellate J But crimpro: no longer SC they said CA 1st rvws the facts Is the decision of the SC unconsti? Yes, bt even if bring it to the SC, theyll probably uphold it bec they unanimously voted to make the CA an adjunct Consti: SC will supervise the CA but he CA isnt the agent of the SC! o Appellate J of the SC to rvw, revise, reverse, modify..etc Appellate bec of the words used rvw, revise, etc So y do parties immediately go to the SC w consti Qs?
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 Bec the SC is granted orig J over petitions for certiorari & prohibition o Diff of certiorari & prohibition w constitutionality? Certiorari & prohibition: are axns, studied in remedial law Theyre spcl civil axns (axn = refers to a remedy) Constitutionality: studied in Consti 1 Refers to the validity of the law; refers to the natrure of the issues that are raised THUS, J can be anchored on the classification of issues u raise OR the remedy you raise o ** US v Causby (suicidal chickens) & Inot v IAC (carabao) o *remedy: how to, label for the procedure o Ex) debate: is this a procedure? Yes o Ex) resolve that the College of Law shld raise the tuition compared to undergraduates? This is an issue Ct are granted auth by law while AP are granted auth by contractual provisions o Ct: a bdy given lawful, statutory or consti auth, when it does recognizes these fxns, it dsnt need to be confirmed/recognized o AP: a bdy given auth by contractual prov, there shld be a way to lawfully bring it in thus the need for recog & enforcement Framework: AC selection of arbitrators AP AA Recog enforcement Confirmation o Can attack the proceeding at any stage o Can attack during confirmation by participating in it & attacking it o Recog: oppose its recognition o Enforcement: Q of enforcement, even if theres recog, dsnt mean theres no more remedy bec R & E are 2 sep things Final judgment: u win round 1 only bec the judgment still needs to be enforced its not sufficient by itself o Ex) if dealing w property: a good lawyer can still frustrate its enforcement A good lawyer can opt to change the battlefield/forum thru 1 prov in a contract o Can transfer a Ct litigation to arbitration or even replicate other forums thru contractual provs (mediation, mini-trial, etc) o THUS, we need to be adept at these diff forums * Cts are now debating on the concept of Ct annexed Arbitration o Ct orders A, bec only have Ct annexed meditation now o Many old UP profs are proposing this bec theyre in the field of A In Arbitration, Cts can intervene in several ways: o By referring the entire dispute in Ct alrdy to A o Assist in the gathering of evidence o Issue prelim measures (ex. Attachment, injunctive relief, etc)
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o Recognizes awards o Enforces awards o Sometimes acts as an appointing auth RTCs only A happens bec theres a contractual prov bec we arent at the stage yet where we have Ct annexed A A isnt a lawful process yet, bec theres no law compelling it o Thus, if the ROC mandates A, it may be attacked as unconsti Remedy if the SC renders an unconsti judgment: o No more remedy for the issue o Can impeach the justices on the ground of culpable violation of the consti

JURISDICTION Power of a Ct to hear or entertain an axn or proceeding & to render a judgment After a decision, they enforce such AUTH TO HEAR, TRY, DECIDE & EXECUTE DISPUTES B4 THEM 1) auth of the Ct is provided by law or the Consti Its statutory & constitutional Corollaries: o Parties cant stip the J of the CT o If the Ct has no J at the start, they have no J in the end Ct shld have J from the very start Lack of J cant be cured by the process Judgment rendered by a Ct wo J it renders it void & no effect Nthng the parties do, even participating actively in the case, cant change the J of the Ct Only way to change J is to create a new law Parties cant change J bec they alne cant change law Ex) UP Pres is very powerful but in law, he has no power to change a students grade o So if he does change ur grade, it was done in abuse of discretion or has no effect J is VERY IMPT A statue granting auth/J is unconstitutional when: o SC J given by the Consti cant be diminished by law o Law is violated of the Bill of Rights o an unreasonable law violates the consti shld pass 3 tests: lawful purpose
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means-ends test: means is germane to the purpose its not unduly restrictive of indivs or collective grps

2) acquisition of J the law prescribes J: they are comprised of rules & norms = gen statements o ex) incapable of pecuniary estimation = gen statement o but a spcfc case/sit has very unique facts/circums, thus there has to be a process in connection w these facts = called acquisition of J Ct shld acquire J over the spcfc facts wc is dne thru the filing of a complaint Its NOT the govt wc choose the case bec Cts are by nature passive, while priv parties file the complaint What dets whether the Ct acquires J is the allegations in the complaint What if the allegations are false? o This dsnt divest the Ct of J o Ex) person steals a UP door wc costs 6k; complaint filed claiming the value is 450k (thus theres a diff btwn whats real & whats alleged) RTC has J based on the allegations o Acquisition of J is based on the allegations of the complaint What a lawyer puts in a complaint arnt necessarily true bec of its political value, etc o Downside of alleging too high an amnt = docket fee will also be high bec u need to pay legal fees o Docket fee: X returned to the party bec it becomes part of the funds of the Judiciary & the UP law center (P10 for every filing of a case) Every case filed goes to a leg trust fund & UP Law center just operates on its interest (nax! yabang) Its the allegations wc det J & not the real events o Bec the other party can always say that its not true & the Ct will have to rcve evidence to det suchas such J will be merely a futile factor o Its an arbitrary starting point, wc is needed 3) Ct shld have J over ALL aspects of the case Ct shld have auth over: o The parties over their persons o Subj matter o Cause of axn o Remedy o Possible relief prayed for ALL shld be present, otherwise Ct wont have J
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All, except for J over the def is called = J over the res (thing) J over the res is diff from J over the subj matr o Subj matr: thing over wc the cause of axn is present o Sme ppl call J over the res as subj mtr J but sir dsnt use the term bec they use the sme termsso just J over the res Absent 1 req, the Ct dsnt acquire J All reqs shld be present in order for it to have full J, to proceed w the case Defect regarding the res: can raise this anytime

4) J over the person Ct acquires J over the person when: o Plaintiff: always voluntary bec its he/she who files the complaint o Def: X be alleged in the complaint; to meet the req of DP u need to bring him to the Ct thru a coercive process Crimpro: thru arrest (therest always phys restraint on the person so the long arm of the Ct has alrdy reached out to the person) Net effect: J over the person of the accused Civpro: thru summons (rule14) process of having the def under the J of the Ct Net effect: J over the def o Civ pro: theres alwys a def, in sme spcl proceedings theres a respondent Defect regarding J over the person: shld be raised seasonably o Bec the other way the Ct acquires J is thru voluntary appearance = lack of J over the person is cured Meralco v ERB: Meralco said they found unauth connections & tampered meters in Tis business, so disconnected the services at nyt & no notice to the owner Relief requested by Ti: reconnection = asked for a prov relief or reconnection ERB granted a provisional order of recon = provisional relief Pet for certiorari in CA, claiming ERB had no J to issue a provisional relief & order recon since this only lies w the regular Cts, thus the order of ERB is non-existent Meralco was claiming the order for reconnection & order denying MTD are nullities CA: ERB has J based on EO 172 wc created the ERB & transferred the fxns of the Board of Energy under PD1206 Issues: Main issue: does ERB have auth? but this auth can cover several diff things/aspects (as illustrated by the issues raised) 1) Won ERB has J over cases involving disconnection/disruption of services. M claims this falls under the J of reg Cts
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RD: the ERB has J to rule on the validity/invalidity of disconnection of services R: theres no need to look at previous laws bec they may not be relevant BUT here, it was necessary to cite legis history bec EO172 adopted the powers of the Dept of Energy (PD1206) & adopted the powers of PSC Legislature merely referred to the previous laws, thus, it was necessary to cite them *sir: wldve been btr to just list the fxns to prevent the difference in interpretations ERB has J under s17, CA146 (Pub Service Act) over conflicts involving discon & recon of power bec it refers to furnishing adequate & proper service

2) Won the ERB has J to grant/has auth to issue a provisional order to reconnect RD: s8, EO172 the ERB has the auth to grant provisional relief The law gave it the auth to give such relief 3) WON the provisional order to reconnect, partook of a nature of a prelim mandatory injunction Bec if it was, a statute prohibits Cts from issuing such against an elec utility exercising the right &auth to disconnect services This issue responds to the prohibition under the statute RD: Cts have no power to issue a prelim mandatory injunction but ERB has the power to issue a prov order for reconnection & the prov raised dsnt apply to the ERB Doctrine of Primary Administrative J: a statute confers orig & exclusive J to admin agencies Thus, Cts are precluded from determining a controversy involving a Q wc is w/in the J of an admin body prior to the decision of that Q by the admin body Policy perspective: bec the of the expertise & knowledge of the admin body From the POV of the law: bec a law grants such power to them! Jan 23 Summary Jurisdiction: Auth to hear, try, decide & execute disputes b4 them o Auth granted by statute or consti o Thus, the auth is LEGAL J is conferred by law: found in the Consti o A.VIII, sec1: prov wc authorizes Congress to create Cts o Law = means a statute approved by the Pres BP129: act of congress creating the Cts o Amended by RA 7691: particularly the amnts Consti prov allocates power to diff parts of the govt & states how power is to be divided btwn diff parts of the govt o Its not the SC wc apportions J it just descides cases
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o Part of the power is granted to congress to apportion J Principles regarding Jurisdiction J is legal: its granted by law Corollaries: o Parties cant stip the J of the Ct Only a change of law can change J of a CT They cant operate to change the law Their axns, whether they ask for affirmative relief, or file an axn, etc cant change J o A law must be present granting a Ct J at the beginning X retroactive effect bec will violate DP & EPit wld be discriminatory angst the litigant who is adversely affected J shld be present at the beginning o J once acquired is never lost A change in legislation, after acquisition of J, cant divest the Ct of J There is Prescribed J o There are rules/statements wc authorize spcfc Cts to have power over gen situations o Bt a spcfc Ct must have the power to apply such to a spcfc set of facts o J is acquired over the res by filing of the complaint o J over the plaintiff when files the complaint Voluntarily submits himself to the Ct o J over the def summons X be alleged in the complaint There shld be a coercive process of bringing hm to the J of the Ct Why is its necessary to have summons? Bec wo it, there wld be a violation of his Procedural DP If X summons: the def wld have to appear even wo seeing a complaint Thus, necessary to serve summons = agent of the Ct sends it bec its the Cts who send the summons along w the complaint so that he may be informed of the complaint Upon rcpt, the def is alrdy under the J of the Ct & he has to ans, file a MTD, etc o Allegation v reality: Reality: what really happened For lawyers its what u can prove bec if u cant prove this, it dsnt mtr in Ct Ex) Lapu lapu killed Magellan o True but no way to prove this today Reality = what u can prove in Ct
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Allegation: what a party claims happened The claim is what allows the Ct to acquire J Thus, how u brief a complaint is impt! U angle what u can do in accordance w what u want from the Ct *proof v allegation o proof: result of the evidence MTD rule 34: attacks the proof o allegation: what u claim MTD rule 16: attacks the allegation Attacks the way the pleadings are presented o U may be able to prove a lot of things, but u shld choose what to focus on (to be discussed ltr in the sem) J over the res: COA, subj mtr, remedy, reflief o There are COAs wc exist in the abstract & those wc involve things (tangible & intangible) o Rule 9,s1: defenses or objections (IMPT!) Gen rule: Anything a def can raise to stop a complaint in an ans or MTD is considered waived = gen rule *what can be raised in a MTD or ans: to be discussed ltr Exception: If theres a Q of J over the subj mtr, the Ct can disregard this rule o Subj mtr refers only to the res If any1 of these is missing = dismiss! Rule 9, s1: when it APPEARS to the Ct Thus the Ct can act motu propio (on their own motion) based on its observations = can dismiss the case outright o No limit bec the rule says at any time o Bec of this rule, the Ct can det legally if they have J or not bec they can always see what is contained in the complaint Or the def can file a MTD **very rare that Cts are allowed to act motu propio under the rules/law ** need how to know how to fill in a pleading Cant leave anything blank The 2nd line alone of the pleading, u have to do smthng legal, bec u alrdy exer ur legal opinion Everything u learn will boil dwn to a pc of paper = pleading (wo this, the state machinery wont move) o Jurisprudence: its not the prayers wc det it but the entire pleading

Meralco v ERB: Sole Q: J of ERB

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o But there are many ways to formulate the issues o ERB had Jcompared it to a statute *1st statement shld be smthng on the facts & not the procedure (1st line in SCRA is alwys on procedure)bec ur briefing the class Javier v CA Events took place outside of the Phils = Spain Is Jebsens really liable for his death? o It was a FE! o Javier sued for death benefits (or insurance claims) This was the basis of the COA; it was by the mere fact that he was an EE (Workmans compensation) Jebsens: X J bec the issue arose from an E-E rel, thus POEA has J over the case I: Won the RTC was correct in dismissing the complaint on the basis of lack of J RD: POEA shall have J over all cases for all claims arising out of a E-E rel R: SC cited EO 247,s3d wc said POEA had J over such cases o Law wc granted the RTC J was BP129 (s19,par8) Bec there was a demand for money here This is what Javier was claiming Co was using EO247 as their support for lack of J Outcome of an act of Congress isnt an EO but an RA BP129: passed smtym in 1981-1986 (interim) o During this tym all laws were given the name BP or PD Claim of the movant (Co) for dismissal was on an admin order & NOT a law! *Consti: TC created by Congress & apportionment of J is granted by law So here we have a law vs EO, & consti state only congress can grant J thru law So how cld the EO trump a law?!?! EO was issued in 1987: partakes of the nature of a law/statute (akin to a PD) o Bec Cory Aquino was Pres then & consti was suspended o Until Congress convened, she had the power to issue EOs wc were akin to PDs The EO granted J to an admin body & a statute granting J over a Ct of law S2, A.VIII consti: Cts J is apportioned by law o As far as Cts are concerned, BP 129 governs their J o Theres anthr law wc apportions J to the admin agency but it dsnt state that the RTC loses J over such cases Cld the Ct have decided anthr way? o If there was a law wc granted J to the MTC, they wldnt have J
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o But it if granted it to an ofc of the govt, they can say that this dsnt mean Cts wld lose J o BUT the Ct chose the other direction in this case = doctrine of primary admin J Doctrine of Primary Admin J: (PAJ) o For so long as theres a law providing J to an admin agency, tho we have prescribed J, we wont take cognizance of the case until the AA resolves it o Cts wont have J over the res until the AA resolves it o Concept: if theres a statute granting orig & exclusive J, Cts will say they dnt have J Diff from lack of cond precedent Sir: tho the Ct cldve easily sd that they have concurrent orig J or that congress went beyond the power of apportionment wc violates the consti or say they had orig & exclusive J o Ex) EO comes out stating an ofc has orig & exclusive J over cases for damages belong 100k & below o Do Cts lose their J? No bec this is diff from Javier, bec in the case it was a law, & here it isnt An EO/gen order are spcl exec issuances by the Pres as the commander in chief

Cond precedent in KB v Primary Admin J Lack: failure to comply w a cond precedent b4 gng to Ct = Ct will still have J even if failed to comply w this o Needs to be raised seasonably (rule9,s1) o X mean that it goes into the J of the Ct the Ct HAS, its just that the person failed to comply w a cond precedent PAJ: when this is involved, Cts dont have J over the res o Objection can be raised at anytime!! Docket fees: failure to pay = Ct dsnt acquire J Law reqs that in certain cases, u need to undergo KB b4 gng to Ct, if u dnt comply w the cond precedent = only means a req wsnt complied w bec the law dsnt say that failure to undergo KB divests a Ct of J Isnt this the sme for docket fees? Rem: J of Cts is defined & apportioned by law Legal fees are in rule 141 Failure to file fees: goes into the J over res! X filing fees, the Ct dsnt have J over the res (Manchester) o How is this possible? It defies the logic we created for KB as a cond precedent Can the SC change the amnt of filing fees wo consulting Congress? YES, A.VIII, s5 o Sc has the power to promulgate rules & procedure in Ctsetc
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o Filling fees are part of procedure in Cts o So its not part of J..its not issued by congress What if it was only a cond precedent? o Its the Cts who benefit from this o If its a cond precedent, it wld have to wait for the def to file a MTD o If the judge suddenly dismisses the complaint outright bec he dsnt like the complaintthis violates procedural DP A right of a plaintiff is violated Reqs of procedural DP: 1 of them is that the judge shld be impartial Judge cant do this, he cant tell a party wat to do or correct a party bec these arent mistakes theyre styles, directions its to the judges job to teach the plaintiffs counsel what to do or dismiss the complaint outright (wc wld benefit the def) o Any ground for a MTD, the judge cant dismiss it motu propio bec this wld be an act of partiality = bec hes helping 1 of the parties & hes suppose to be neutral If he cant dismiss the MTD, the judge is helpless & he cant act until the def files the right pleading If docket fees were a cond precedent, Cts will always be helpless bec they wld have to wait for the other side to file smthn o The judge cant call the other side & point it out = violates neutrality & impartiality o And fees are never paid properly, thus Cts had to create anthr concept Manchester: leading case! (usually asked in the bar) o J over the res is acquired only via the allegations in the pleading o X payment of docket fees, the Ct dsnt acquire J o But how ds non-payment relate to J? how did the Ct come to the conclusion that non-payment leads to lack of J? By stating in the complaint is deemed filed ONLY upon paying the proper docket fees Thus, complaint isnt there & the Ct has no J bec theres nthng 2base J on X payment X complaint filed X J over the res o Cld the approach in Manchester be used for KB? Yes, it wldve been just as effective Any cond precedent can be seen as a way not to entertain a complaint Cts auth/J is provided by law & the parties cant change it Ct has J over all cases wc are incapable of pecuniary estimation Ex) expropriation Ex) A wnts B to stop operating a karaoke carnideria o They live in the sme city; need to go thru KB o But the law says: RTC has J over all cases incapable of pecuniary estimation o Failure of KB isnt a jurisdictional matter/issue
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o COA here is present: B has a store, A wnts him to stop operating it so theres a COA RTC has J alrdy But anthr law says u have to go thru KB 1st = cond precedent Ex) Regional Director (his act is an act of a political alter ego) issues an ECC under DENR rules o Sec of DENR is higher than him so u go to the Sec as a courtesy to the Regional Dir b4 gng to the Pres o = exhaustion of admin remedies Exhaustion of admin remedies vs PAJ: What if admin code says appeal 1st to the Under sec Sec Pres ? o This isnt J but rather, a chain of command Thus, exhaustion of admin remedies is like a cond precedent o Can only raise it at the proper time PAJ: after a MTD or ans, the Ct, if theres no law authorizing it to entertain the dispute, has no auth to do so

Legal Fees Payment of this is like KB & exhaustion of admin remedies all arnt in BP129 Covered by R141, ROC Its a rule bec the SC has auth to promulgate rules on pleading & practice wc payment of fees is part of Its part of procedure & dsnt go to the COA or case itself o Thus, frm an academic standpoint, its part of cond precedent But this cant be so bec if it was, the Ct wld be helpless & cnt do anything if the person/plaintiff dsnt file the correct docket fee o If Manchester doctrine wsnt estabd, judges wld be quibbling over whether it was a cond precedent or a jurisdictional matter Ct wld be at the mercy of the other side The more interested person in its collection wld be helpless Logically, non-payment goes into cond precedent o Manchester: non-payment goes into J! o And its J over the res, so Rule 9,s1 applies & the Ct can dismiss the complain motu propio Ex) claim for 1M = 70k docket fee Ex) claim for 50k = 5k docket fee] Legal fees may be nthng but it can spell the diff in the future o Its like an entrance fee, the plaintiff might not want to proceed bec of the fees o So impt to know the fees o Also, learn abt pauper clients: know when u can file this Exhaustion of admin remedies: a rule on courtesy o Thus, cond precedent raise at the proper time PAJ: a jurisdictional matter
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o U can wait or Ct can dismiss on its own Tijam v Sibonghanoy: leading case Claim was P1908 B4 complaint was filed, Judiciary Reorg Act was passed o Claims below 2k = City Cts o Claims 2k & above = RTC/CFI SC: inequitable for the surety to raise the Q J Parties involved: Ct, plaintiff, def o Plaintiff: wldnt want the case dismissed so wnt raise J o Ct: can raise lack of J o Def: can raise lack of J Doctrine of estoppel by laches: 3 conds shld be present o Didnt raise it 4 an UNREASONABLE length of time o Cldve raised such w the exer of due diligence/had the opp to raise such o Gave rise to a presumption an equitable presumption/gave the other party reason to blve that such issue wld no longer be raised Result is inequity Case was 15yrs Ct was silent on whether the CFI had J o Instead, sd the def was barred by estoppel by laches o The Ct cldve raised lack of J themselves, but they wldve had to say it was inequitable for them Meaning: the doctrine that wldve resulted wld be a doctrine on inequity, & they Ct cldnt do this bec theyre a CT!! suppose to uphold justice & be fair The Ct WASNT saying that J is conferred by: o Participation in a case o Asking for affirmative relief o X raise lack of J w/in a length of time * bec J is conferred BY LAW onlyno axn/inaxn of the parties can confer J Can this case be used as precedent? o If less than 15 yrs, need to look at the circums present But case can be used as precedent for the 3 conds for estoppel to apply o If 15 yrs & above, absolutely yes

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Jan 25 Estoppel: concept came from equity wc is from common law, thus necessary for 3 conds o Unreasonable lapse of some time o Had the opp to raise such o (the 2 reqs taken together wld be sufficient to conclude that) the party has abandoned or declined to assert the right Lack of 15 yrs is enuf for the Ct to have J over the res? False Mere lapse of 15 yrs is sufficient to estop a def from raising a defense of lack of J: F, bec the 3 elems shld exist (shld be stated in the prob) o Whats missing here: equity wld say the party had abandoned it Estoppels by laches: (Tijam v Sibonghanoy) o The 3 conds shld exist in order to raise estoppels by laches for purposes of raising the defense of lack of J o Principally a Q of inequity or unfairness of permitting a right/claim to be enforced or asserted o Its the def who is stopped X the plaintiff bec its he who files the case wont say the Ct has X J o Who can raise the Q of J? Def or the Ct Y didnt the Ct raise it? It seems obvious that the CFI had no J at all so why ddnt the Ct raise it themselves? Bec if they did, they wld have to say look, ur estopped def & clearly the Ct had X J, but regardless of such, bec of equity o Cant say this bec theyre Cts of law & not Cts of equity There will always be gaps in the law In common law, they fill in these gaps thru the concept of equity Our Cts: said their adopting the concept of estoppels by laches o It wld be unfair to say the Ct had X J when the Ct had J & it wld be an injustice if they ruled as such o CFI ddnt have J, but the plaintiff was allowed to collect Bec the SC said, tho the def moved for a dismissal, this motion has no effect bec theyre stopped o True, def is stopped, but it was clear the Ct had X Jis this doctrine correct? Decisions shld be anchored on a prov of law Decision here is based on equity so still correct? Consider also that shldnt Cts consider that results shld be just & not just legal? * look at the Ct & try to guess if theyll doa Tijam or if theyll use rule9,s1 Life becomes more complex so need lawyers How do u know if a spcfc judge will choose 1 or the other? Choices arent always based on legal skill, sometimes u have to take a gamble
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Thus, consult ur client on how the case may go inform him that there are contradicting doctrines Thus, produce options for the client & tell him youll be gambling on the result Lopez v Northwest Airlines Inc Round-trip tckt o Terms & conds are found at the back/flaps of the tckt Contract was that she wld fly at a particular day & this wsnt in the terms & conds As a lawyer, what cld u have filed here? o Breach of contract o QD o File for damages Here, filed for damages w the RTC Necessary to know the dats bec invoked the Santos ruling Filed b4 the Santos ruling Warsaw convention: intl treaty o Place in Poland where it was executed & signed A28(1) WC: institute only b4 Cts of: o Domicile of carrier o Principal place of business o Place of business where contract was made o Place of destination Passenger really intended to be in Mla, why wld they get a tckt whose final destination is NY? o Final destination: means (in leg terms) the final place as stated in the tckt/ final ENTRY in the tckt o Laymans terms: means the place they intended to go *SC: only sits in 1 place, except in the Summer whn they go to Baguio to sit & decide a case * CA sits in Mla, Cebu, Cagayan de Oro * RTC: sits in the 13 judicial regions When the law says the RTC shall have J over cases incapable of pecuniary estimation = means ALL the RTCs J lays dwn the level o This is statutory bec it only states the level, the law dsnt go far enuf to say the spcfc places o But u have to chose wc place to go but wc is the right place isnt covered by the statute (X spcfc enuf), thus need to look at the rules Argument: o S28 covers the COAs that can be gleaned from the WC o Assuming it covers all, the treaty only prescribes venue & X J
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Case was remanded bec of the SC ruling - that there was J Subsequently, Santos ruling promulgated wc overturned the Lopez ruling so NA raised this J is proscribed by Congress o Treaty: issued by the Senate SC says the treaty (WC) had the effect of law bec of the Consti (AII,s2) o AII,s2: incorporation law Adopts the generally accepted international principles as part of the law of the lang o Thus, the places here were jurisdictional I: WON the Santos doctrine can apply retroactively to this case SC: procedural rules X apply retroactively, BUT Santos cant be invoked bec no clear showing that the facts in Santos are substantially the same o Case: posterior changes in doctrine of the Ct cant retroactively be applied to nullify a prior ruling in the sme proceeding where the prior adjudication was had, whether the case shld be civil or crim in nature Ct said X J bec of failure of the advocacy wsnt able to show the circums in Santos as that in Lopez *but the 2 cases seem to be similar, so what circums wld u consider? Difficult to distinguish If there was a violation of the convention, there wld be liability for the Phils on the intl level o But the treat was only suppose the be incorporated o Congress shldve come out w a law adopting it o BP129 came out after the WC o A treaty is on the level of a statute, if theres a later law wc is contrary to it at the domestic level, what will govern is the later law Who checks judicial power & the J of the Ct? o Congress & the Exec o Thus, ds a treat trump a law on J? NO, it cant If at the intl level, they wont check our Consti but will check the treat SC cldve said: yes, the Phils is committed but as far as Filipinos are concerned, theyre governed by the law & unless the treaty is adopted into our law, what shld be followed is domestic law o But SC said it was part of our law wo discussing AII of the Consti We adopted the generally accepted principles of intl law X say we adopt ALL principles or WC or treaty o They ddnt have a disposition on intl treaties on procedural rules but just said that its law & is a jurisdictional issue = very dangerous for sir o *Lopez v Northwest is now an appellation to the rules of J in the Phils
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Bulao v CA Plantiff: dominant estate constructed a dam Def: servient estate Need to know what created the NWRC bec if X a RA or a statute, cant invoke PAJ o But it was PD1067 so it was a statute If filed a case w the NWRC: allegations wld state o P owner of servient estate o D in possession of the dominant estate *say possession, btr bec u give up certain things wc only an owner cn do o D constructed a dam o Bec of the dam, the water changed course o Bef of the change, land of P was affected o P suffered damage o Prayer: order removal of the dam & allocate the water SC X say the NWRC ddnt have J, only said the allegations show the Ct had J But allegations in the case are the sme as stated above so NWRC shldve had J, so why was it dismissed? What was the SC req so that it wld no longer fall under the CFI J? A law grants NWRC PAJ & allegations are the sme, so yd the SC rule this way? Request of damages ddnt seal the case as under CFI J SC said X look at the prayer, just look at the body of the complaint o Sir: erroneous bec of s19, spar8 (BP129) says u shld look at the relief o Manchester: said it amnt of damages be added to the body, but ddnt say X look at the prayer o Thus, decision is an overgeneralization SC was saying be careful at what ur alleging Alleged: def maliciously built the dam o Def: needed the water to grow rice Diff btwn the 2 allegations: there was malicious intent stated in the complaint Malice isnt impt in NWRC: thy have expertise & make policy choices o normally rule for domestic use in Mla & not irrigations o bec farmers dnt have the sme political cloud as ppl in MLa o they make these policy choices & dnt need to allege malice its X as obvious as the ponencia makes it appear o ex of a fallacy: that if youre more precise, youre right o but here, was precise, but looking at the allegations, wldnt have been diff from 1 filed w the NWRC o upon closer inspection, only diff is malice so not so obvious
Drilon72

J is acquired from the allegations in the complaint = determinant o But in this case, close call, so subjectivity may have come in o Ct ddnt really indentify what it really was X caption in the complaint o Cts have to look at the allegations & det the COA Wldnt have it been simpler if they said they were bringing the axn under the water code or under tort? o The interpretation wldve been clear, so y nt do this? o Bec ROC says allegations shld only be abt FACUTAL ASSERTIONS, cant state the law ur using o By putting the law, ur cuing the other side o If the other lawyer dsnt know what ur using, theyll be guessing their defenses bec there are exceptions in the law, etc o Thus, allegations are normally factual bec ROC only reqs facts since every1 is presumed to know the law (so X need to allege) o X presumed to know the facts, so allege it & prove it Prefatory statements: embellishment in the complaint o X part of the complaint o U add drama to a boring list but need to prove what is written there so just put prefatory statements (X merely adjectives difficult to prove) o Ex) this is a case abt rice over money o Use these so that its X ambivalent, so the complaint may be read in the correct manner o Bec just rdg the facts may be ambivalent bec every1 is presumed to know the law o Presumption is every1 reads things the sme way but this isnt so

Diu v Ibajan They have the capability but wo auth/J An owner can be ejected if anthr has possession de facto But owner will win if its an accion publiciana/reinvindicatoria Even if Q of ownership is involved, Ct can det it only in relation to possession J is conferred by the allegations in the complaint In a pleading, u dnt raise a matr wc u think the def will raise o Ud be raising a fact to defend a fact, etc o So def is cued & he knows what to avoid So Ct sd, u do u wnt to allege it (Q of ownership), if X one is asking u o It shows ur defensive abt smthng So plaintiff shldnt allege Q of ownership
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Rule: if Q of ownership arises, MTC shall still have J o Isnt this a superfluity? Bec this will never be in a complaint (plaintiff will never say this), but itll be in an answer (bec ownership is 1 of the defenses a def can raise) If allegation is wrong, Ct still acquires J Allegations in a complaint & X allegations in the ans det J o So y say even if theres a Q of ownership, MTC has J? o Bec the earlier law had made an exception: Judiciary Act: except when a Q of ownership is raised Under this exception, the Ct wld lose J o So made a statutory prov that when the Q of ownership is involved, the MTC still has J & can make a ruling to resolve the Q of possession Jan29 Summary: LOPEZ decision regarding retroactivity of SC decisions regarding jurisdiction absent proof showing the ambient facts are the same, new decision cant retroact in Remedial Law cases where the SC decides differently, the law does not change Santos doctrine: Warsaw Convention choices of place to sure are deemed Jurisdictional; already have the effect of law o Critique: does it automatically have the effect of law? no it doesnt even if adoption of treaty is Generally Accepted Principle in international law, principle in the local country may be different BULAO Allegations in the complain determine acquisition of jurisdiction Particular sala can acquire jurisdiction based on allegations in the complaint Does the CA have original and exclusive jurisdiction over anything? Yes, over BP 129 Sec 9 (2) only re: actions for annulment of judgments of RTC because it is structured as an appellate court RTC original and concurrent jurisdiction BP 129 Sec 21 o In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions o Actions affecting ambassadors and other public ministers and consuls Petition for certiorari, mandamus, prohibition o Basis of acquiring jurisdiction in this entry of the law: Remedy (not the subject matter, cause of action, relief prayed for) o Nature of relief Injury result of a breach of a right-duty correlative; broader
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 Physical injury wound on the physical body Can there be damage w/o injury? Yes (getting a grade of 5 in UP) Relief to assuage legal injury o Difference of remedy from relief remedy label for the procedure / process relief outcome shown in the dispositive portion The allegations in the body of the complaint and nothing else grant the court authority over the case statement is not accurate o There are situations where the value of the subject matter and cause of action determine jurisdiction of court e.g. subject matter actions involving real property ~nature of cause of action FEUD ~amount of relief being requested action for damages Advice: look at allegations in the complaint (accurate for this case) Discussion: FLORES Subject matter of transaction: truck tires Flores says totality of claims rule should apply SC ruled: totality of claims rule applicable only if joinder of parties allowed. If not allowed, there can be no acquisition of jurisdiction 2 specific rules of joinder o Rule 2 Sec 5 Plaintiff A is the vendor who sold a tire truck [P201,000] to defendant 1. 1 failed to pay. However, A & 1 has a history, in kindergarten A was bullied by 1. A sues 1 for tort (moral damages) [P200,000] since A has lived through the harrowing experience all his life. There is joinder of cause of action totality of claims rule will apply amount would be P 401,000 o Rule 3 Sec 6 Rule 3 Sec. 6 was violated, not followed totality of claims rule would not apply 1 vendor, 2 defendants who bought similar things but not the same thing no showing they co-owned the vehicle for the tire trucks No. of causes of action 2 Basis of causes of action contract of sale of personal property Supposing tire didnt go to the other side, how many causes of action if plaintiff didnt transmit to defendant 1? 2. reciprocal obligations Each prestation triggers 1 cause of action In remedial law, what the other side would do is a counter-claim
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 In a particular contract, there can be several prestations Not in all cases that in 1 contract, you only have 1 cause of action In this case, its clear that the right-duty of defendant 1 is similar to right-duty of defendant 2 Whenever you file causes of action against 1 defendant, use Rule 2 Sec 5 save on attys fees and opportunities lost Rule 3 Sec 6 will apply provided that: o Arise from the same transaction or relationship of parties that will lead to o A common question of law or a common question of fact o So that 1 is not unnecessarily detained by another In the case, dont add the amount. Look at values of tire 1 or 2 to determine jurisdiction Rule 3 Sec 6 dont add claims Special Civil Action cant be joined in an ordinary civil action Is the amount as basis for jurisdiction same as the amount for determining docket fees? NO o Amount of damages for use of jurisdiction exclusive of interest o Amount of damages for use of docket fees inclusive of interest Victim of car accident in relation with the driver of the car and the owner of the car. The owner has a subsidiary liability. There is a joinder of parties, no joinder of cause of action. Claim of relief from driver and owner. Only need to prive that there is a R-D breached. cumulative Plaintiff and alternative defendants file cause of action and 2 alternative reliefs concept in Rule 3 is alternative defendants joinder of parties no joinder of cause of action Totality rule not applicable MANCHESTER No docket fees, no complaint Cant hide the amount in the body so as not to confuse those who will assess the docket fees SUN INSURANCE court can give option of giving time to complete payment of docket fees w/in a reasonable time no docket fees, no complaint
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BRGY. SAN ROQUE in expropriation cases, is title to property involved? Yes is possession of property involved? Yes in cases including title to, possession of real property, what is used to acquire jurisdiction? Assessed value at the time of the taking of the prop o assessed value - reported by the owner for tax declaration of property for property tax; undervalued; what the owner reports o market value price at which a buyer not compelled to purchase and a seller not compelled to sell will agree upon is there any property below 20k? depends on the place. MTC doesnt have jurisdiction because the provision that applies to expropriation is not RA 7619 Sec. 3 bec an expropriation suit is incapable of pecuniary estimation o An expropriation suit does not involve the recovery of a sum of money Primary purpose: not to transfer title per se but expropriation is filed in order to determine WON the govt has the authority to condemn or WON use of property has condemnable use (public use) SC, therefore, expropriation regardless of assessed value of property would fall under RTC Consti Art. III Sec 6 deprivation w/out due process Private property cant be taken save for public use and just compensation o In cases where property for larger population, we should give it. Right to property is not assured, not natural law. o Why pay? even if govt has vast resources, protection is for indiv; prohibition is to the govt Theory: endowed through merit or inheritance. Endowed by someone else who worked and exchanged it for property (inheritance). Or that you worked for the property (merit). Not enough just to take it As important is payment to that person What is important is the value of the thing Principal question: what is the intention of the govt for the property? WON govt has authority to condemn Expropriation: dont look at value, title or possession w/c can change; look at the char of the taking Jurisdiction: expropriation not capable of pecuniary estimation. Whats the question here is WON the govt has the authority to condemn

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Feb5 Summary: Flores: totality of claims rule o Applies only to joinder of COAs r2, s5 o Dsnt apply to joinder of parties r3, s6 Brgy San Roque: o Expropriate: look into the charc of the taking o Exclusive & orgi J of the RTC bec incapable of pecuniary estimation Exclusive & Original J of the RTC Cases incapable of pecuniary estimation o Basis of J is: the relief being requested o Examples: Expropriation Axns for support: falls under family Cts Spcfc perf provided its NOT the prestation to pay (even if there are no damages) bec itll be capable of pecuniary estimation annulment of judgments axn to declare a contract null & void abatement of a nuisance injunction: as a final relief this is diff from prelim I wc is a provisional relief title, possession of real prop where the assessed value is. axns in admirality & maritime jurisdiction o ex) claims wc can be made on a hull of a ship o validity of a bareboat charter matters of probate, testate & intestate proceedings o probate: to test if its valid proceeding to create a will matters involving marriage or marital relations all other cases X w/in the exclusive J of any other ct or tribunal civ axns & spcl proceedings w/in the J of the juvenile & domestic relations Cts all other cases where the demand, exclusive of interest is 300k for rural, 400k for urban
Drilon78

Review of basic concepts: Civpro: only until Rule 71 contempt o X cover rules on spcl proceedings provisional remedy: procedure where the final relief to be rendered, WONT be rendered moot or academic by the action of the parties spcl proceedings: o X an axn o X leg R-D correlative wc is breached o Ex) pet for change of name, adoption Adoption: involves a power-liability Axn v proceeding: diff is in Rule 1,s3 o Axn: u process a COA Judicial procedure in order to enforce a right or redress of a wrong Theres a R-D breach o Proceeding: ascertainment of a fact or status or a right COA: one where there is a R-D correlative & the right is breached o Set of events wc gave rise to the injury o Once it exits, it triggers a secondary R-D correlative wc we call a relief entitlement to the 2ndary R-D correlative depends on whether you can prove there was a R-D correlative o Basis of a COA: how do you know the R-D correlative is leg? It would refer to the consti, stat prov, or contractual prov Basis is either: Consti Law Contract o Ex) if you prove the bad odor exists u proved theres a R-D correlative But the right to abatement will depend ona law/contract where a R was present & a D wsnt followed Relief may be: Spcfc perf Rescission of contract damages just bec a R-D was breached, dsnt imply that theres only 1 relief that can be requested you can have several o ex) plaintiff claims for a relief in a complaint & the Ct dets if its proper o Cts X grant a relief not prayed for bec this would violate DP o But Cts can grant a relief if the complaint asks for a gen relief
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Ex) pet prays for such other reliefs just & equitable Choice of a relief: by law or discretion granted to you by law o Called the Theory of Liability o *u cant create your own theory of liability COA is diff from the relief portion o Relief refers to a R-D correlative wc was breached & the law provides a relief to you = its statutory

Different Models: Joinder of COA: o A (many COAs) B o Even if the COAs are unrelated, you can file 1 spcfc case o Ea COA will have a right to a relief o Can be totally unrelated to each other o ROA allows joining R2,s5 Totality of claims will govern for purposes of assessing J o *splitting of a COA = same as res judicata; barred by judgment o Possible to make this complicated: ex) COA1: have an alternative relief agnst a def COA2: have cumulative reliefs COA3: just a def COA4: def files a counter-claim (a case initiated by the def aganst the plaintiff & is found in the answer) Joinder of Parties: o Possible to have 1 COA & several defs & ea def ans for diff theories of liabilities o 1 pet & 2 or more defs There are sep COAs for ea person/def (Flores) o Same basis of COA but there are diff COAs (R3,s6) o can also have a joinder of parties w an incidental joinder of COA o Ex) insurance contract 3rd party liab Owner is liab for any inj to a person not a passenger If a person is injured by a car, he can sue: Owner of the car = 1 theory of liab Insurer who gave the 3rd party liab = anthr theory of liab o U can have 1 COA & 2 diff 2ndary rights wc can play assuming that theres several theories of liabilities, ea emanating from diff parties o X a joinder of COA bec theres only 1 COA
Drilon80

o To prevent abuse of this rule, there shld be a commonality btwn the COAs, thus there are 2 reqs for the rule to apply: Arose from the same/series of transaxns Common Q of law or fact o Reqs are necessary so that the time of the other person isnt wasted o Ea case shld be assessed on the basis of its own claims Totality rule of claims dsnt apply Parties in the alternative o Ex) sue driver who drove the car But X sure who was driving so sue the registered owner, sps, kids of age & driver But only 1 person will be liable Diff theories of liability cumulative o 1 & the other o Ex) 3rd party liability Consolidation Class axns o Representative suit w/ a suit in itself

Rules on Jurisdiction: may depend on Kind of axn/remedy filed o Ex) certiorari, mandamus o Theres orig & concurrent J Vinvulum J: assess J based on the value of the thing o Axns involving title to or possession Amnt of the relief requested o Incapable or capable of pecuniary estimation X look at the COA but look at the parties o Ex) sps: leg sep or sep of prop J is prescribe by law Prescription of law depends on diff things o Basis of the COA, or relief in itself or remedy in itself Thusneed to be able to: o Identify the COA o Identify the relief (under law) o Have a theory of liability
Drilon81

o Pt to a prov in law o Relate the liabilities to ea other *in the exams or real-world: - when all this is reduced to writing, remove the template & just state the ultimate facts wc show the R-D correlative *KNOW the basic concepts: - proceeding v axn - R-D correlative in COA v R-D correlative in relief - joinders - relief v remedy - COA v basis of COA - basis of liability Ex) holographic will: will alive its just a pc of paper o When you die, still a pc of paper until magic happens in Ct & then it becomes a will (just need to prove its due execution & authenticity) o X R-D corr involved o U change the rel of ppl in relation to the paper Ex) habeas corpus o Evn tho theres a R violated, ur simply establishing a fact = thus its a proceeding o Establishing the fact of detention wc has no basis o 2 kinds: Human rights type Referring to custody of persons Can apply to any1 whos guardianship is questioned X apply only to minors In spcl proceedings: there are NO joinders X join a spcl civil axn w an ordinary civ axn

Southern Cross Cement MFR case * tariff: taxes at the boarder o Tax on importation o Purpose: to give adv to the loc manufacturers o Gives the loc manufactures the opp to compete in the mrkt by controlling the entrance of importation o Tariff/tax changes the price of the goods
Drilon82

Ex) cost of prod + tax o So consumers will go to the loc prods wc are cheaper = good for consumers Benefits of lowering the price on cement: construction, infrastructure, housing o Its a balance btwn favoring consumers & loc manufacturers Tariff protects the producers over the consumers justification: o Political aspect: producers have the money so they can contribute to ur political campaign o Eco aspect: bec producers of cement contribute to loc taxes & this produces employment, wc leads to more EEs & wages & wages are ultimately spent in the mrkt Ergo: good consumption can be done by benefitting the producers 60% of the mrkt share of the cement manufactured locally is controlled by 1 entity o But govt refuses to bring in foreign importers tho this cld bring dwn the 60% wc will be btr for consumers bec itll be cheaper BUT 60% is owned by foreign investors, in this case SO cant draw the line on nationalism here Fight wasnt about national interest o Issue was jurisdiction! o A technical issue, thus the main decision & MFR is very extended & votes here werent unanimous Issues: o WON the CA had J over the case. NO, CTA has J o WON the DTI Sec cld issue a safeguard measure, absent a positive finding by the tariff commission. NO, law is clear DTI Sec has supervision & control in sme respects over the tariff commission bec of the SMA o SMA: a safeguard measure can only be imposed upon positive finding of the tariff commission Safeguard measure: its provisional o They inc the tariff rate or reduce the quota bec of the imminent threat of danger to the industry = protects them for 3 yrs Thus, locals can change their resources, etc o Its a temp spike in tariff rates to allow the domestic industry to cope = btr than a sudden change Safeguards are allowed under the law SMA was passed after ratification of the WTO in 1995 wc allows safeguards Safeguard measures (SM): anti-liberal theory/anti-neoclassical o Negotiated by the WTO to allow countries to put up SM so the domestic industry can cope o X sudden changesdo it lil by lil

JURISDICTION Focus of the discussion was on an interpretation of J bec: o Tariff commission ddnt find serious inj to the cement industry or imminent injury Presence of foreign competitors isnt enuf to be considered an injury
Drilon83

o Sec of DIT wntd to impose the SM Went to the Sec of J (under the exec bec DOJ fxn is to provide a definitive opinion for the exec dept) Sec of J said: he cant overturn the findings of the tariff commission Philcement went to the CA 1st case: pet for certiorari w the CA o CA: Sec of DTI isnt bound by findings of the tariff commission, he has the discretion to impose SM o Pet just asked: WON the DTI Sec exerd grave abuse of discretion for not imposing a SM o CA: DTI Sec has the discretion So DTI Sec said, I have the discretion, so on my own, im icreasing tariff rates Southern Cross went to the SC o Attacked the CA decision & prayed for a writ of injunction There were 2 cases here: o Case filed w SC: questioning the CA decision o Case filed w CTA: appealing the deicion of the DTI Sec CTA: Ct created by law o On the level of the CA Allowed by the consti bec just says therell be 1 SC & such other cts as may be reqd So Congress can create such CTs

I: WON THE CA had J. NO Spcfc text in the SMA is s29 J is w the CTA Resp claims: only when the DTI imposes a SM Gen principles in rdg provs wc grant J to a judicial entity: o Plain rdg o Its the txt itself, in this case), wc suggests the grant of auth is there o Liberal or strict interpretation comes into play only when theres an ambiguity in connection w = in relation to the SM o If this phrase was deleted, the SC cldve ruled otherwise o Resp claim th eprov means: If DTI dsnt grant the SM appeal to reg Ct If DTI grants the SM appeal to the CTA Philemcor won in the CA & were able to get the SM o So they were saying in connection w is a surplasage wc just emphasizes the imposition of the SM or the imposition vis a vis the non-imposition o Thus, theres an ambiguity!
Drilon84

o So they focused on legis intent legis deliberations (Congr punzalan) Bth parties here agree that there is exclusive appellate J to review o But they disagree on the Ct wc shall exer such o Resp: exclusive J to rvw imposition of SM goes to the CTA but rvw of non-imposition goes to the CA o Cited the case of Fabian v Ombudsman: Case on bifurcated appeals wc are allowed Ombudsman is an indep consti body who does 2 things: Admin cases: his decisions are rvwd by the CA Non-admin: decision to file a crim case is rvwd by the Sec of J wc is rvwd by the Ofc of the Pres He has 2 personalities: To impose admin sanctions on govt ofcls To file a case o Thus, resp claim bifurcated appeals isnt unheard of in the Phils SC: bifurcated appeals dont apply bec theres a clear prov of law wc shld be followed o In Fabian: law was unclear & the ombudsman had 2 powers o Here: theres only 1 power so bifurcated appeals can tbe allowed

Issue on forum shopping: Southern 1st went to the SC to annul the decision of the CA questioned CAs J & the power of the DTI to impose a SM Also filed a pet 3 rvw of the decision of the DTI Sec w the CTa (subj mtr was the decision) SC: the 2 cases had diff subj matrs, diff COAs But ROC says if the cases are related, the party shld inform the Ct w/in 5daysbut here informed after 11 days Actions of the SC/decision Annulled the CA decision = null & void bec of lack of J DTI decision declared null & void bec based on cA decision o Correct? NO Only J of the Ca was in issue o X Q as to the discretion of the DTI o Merely connected this by saying the DTI Sec said the decision was based on the CA ruling Can Philemcor appeal this? No, bec no appellate Ct to the SC o X file a 2nd MFR either bec SC said its denied w FINALITY Academically (sirs opinion): o SC went overboard by annulling the decision of the DTI Sec o Was the SM implemented or not? Dont knowcase dsnt say
Drilon85

Pg582, par1: moreover was the Sc hinting that if the resp argued differently, the Ct wldve decided differently? Bec the par suggests the CA may have J over the DTI Sec o Thru the use of certiorari allege grave abuse of discretion Theres a more spcfc law wc grants certiorari J to the CTA s29; but hteres also anthr law wc grants certiorari J to anthr Ct (BP129) CTa has exclusive J but also saidbtw, you can use certiorari on abuse of discretion BUT before stating this, SC said you cant do this unless theres NO speedy, adequate remedy So if you can prove resort to the CTA isnt a plain, speedy & adequate remedy show circums that J wont be lodged w the CTA or show the urgency of the matter since it affects the economy, the lives of ppl, pub interest, etc o If can prove this, J may be exerd by anthr Ct o But this wsnt the argument of the resp here SC basically left an open door for future petitioners to go from the DTI Sec directly to the SC Issue on the power of the DTI Sec to overturn the Tariff commissions findings Is the discretion of the DTI Sec curtailed? Tariff commission is under the Sec of DTI o So resp were claiming: if the DTI Sec cldnt overturn the decision, then you wld be allowing a subordinate to go agnst a superior SC: the tariff commission is an agent of legis & so is the DTI Sec bec the power to impose tariffs is a legis fxn, so limitations may be imposed The DTI has discretion ONLY if theres a positive determination by the tariff commission Other notes: SMA: dnst comply w the WTO o SMA says just show theres serious inj o WTO: need to show theres an even wc will cause serious inj o Will need anthr country to file a case agnst us internationally to challenge this Interpretations of the law shld be very clear Arguments the resp cldve raised: o Since legis only provided clarity of language AFTER, then b4 that J cldve been w other Cts & not merely the CTA o Legis cldve said: in connection w imposition or non-impositionbut only said w imposition this wouldve bolstered their argument regarding the DTI Sec SC: in connection w inherent in this is the non-imposition o Maj of the Ct: read the law plainly
Drilon86

o Other mems: read it as ambiguous o Doctrine of the case is w reference to the pronouncement on in connection with U can play w the context, tone of voice, lack of details, etc Its plain rdg now of the prov only bec the SC said so o They decided the case based on plain rdg o But wo this decision, the case cldve gone either way cldve been decided either way

Feb8 Summary: Southern Cross Philemcor: organized here but is actually controlled by diff foreign Cos. = controls 60% of the industryin the Phils MFR still possible but denied w finality by the Ct Rivera v Santiago Tenancy relationship Appeal & certorai are mutually exclusive What happens to a leaseholder if the prop is sold from 1 owner to anthr? o New owner dsnt have to respect the lease bec not privy to the contract o New owner can eject the leaseholder o Leasholder can go after the old owner only X breach of a R-D corr, no basis of a COA bec no COA = so X go after DBP Law dsnt guarantee perpetual leases Leasholder has recourse agnst the 1st owner o Basis of the COA: contract of lease o Right to be asserted by the leaseholder is his peaceful occup of the land o Reciprocal oblif of the owner: to pay Basis for relief: o Cld be law on damages, law on contracts = 2 possible reliefs wc cld be prayed for Damages Spcfc perf: that owner, be compelled to maintain in peaceful possession of the prop When the prop was transferred to the new owner no oblig to respect the lease Respondent were claiming to be tenants o If tenants, why were they allowed to cultivate the land? o Owner allowed this if there give them a fixed amnt of rental in exchange for working them Did the tenants claim ownership from the beginning? NO, claimed to be tenants
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o They were they were claiming to be beneficiaries from the govt, under the agrarian reform prog o Govt has to expropriate the land & whoever the land goes to werent the owners b4 expropriation 4 diff transfers of the land They were claiming the status of tenants, & beneficiaries of the agrarian reform prog & that after the govt takes it, theyll be owners Thus, 2nd-4th owner has the right to eject = X oblig to respect such Defense: X J of MTC bec a tenancy rel existsDAR has J Land expropriated by govt, title transfers after just compensation is paid Tenants werent owners X privity of agreement btwn the plaintiff & defendant in the ejectment case

*Your identity/status DSNT mean that the Ct has J over you *An ISSUE in procedural law is a claim & then a negation/denial *Lawyer wont sweep the issues under the rug *He/she who alleges, proves Ct has no J over tenants bec of RA6657 states that: DAR has primamry J to det & adjudicate agrarian reform matters & have exclsive orig J over all mtrs involving the implementation of agrarian reform o Thus, has J over the tenants Farmer goes to DAR & says cover this land under agrarian reform & purchase the land o Owner says I wont go to DAR bec theyre partial Law says its not the fact of being a tenant but that tenancy falls under the J of DARAB Owner didnt want to go to DARAB bec theyre partial Will the plaintiff raise the fact of tenancy in Ct? o No, bec when you file a case you dont allege the defense of the other side o Like shooting yourself o So filed for ejectment = we have no contract so my privilege to use the prop is infringed, so I want you to leave Ans: raised the affirmative defense of tenancy o Bec J is w DARAB *instead of mtg the farmer at DARAB, file anthr suit so farmers attn is divided wc will lead to greater financial cost for htem, so eventually theyll fold up o If the farmer litigates in 2 forums, the person w more resources has and adv Why ddnt they file a MTD? o Bec under Summary Procedure, NOT allowed Decision: allegations in the complaint det J & the defense of tenancy in an ans dnst
Drilon88

This is a simple case & the basic doctrine is J of the Ct isnt det by the ans of the defendant Ct aquires J on the basis of the complaint it dsnt raise tenancy so we have K Ct missed the opp to look at the ambient facts & create a new doctrine Ct looked at it from a very legal/strict legal pt of view Ct settled once & for all the attempt of pro bono lawyers from raisin the defense of tenancy to get the case dismissed The simple allegations in the ans cant be the basis of J Besides tenancy is bth a leg & factual concept o Person isnt a tenany simple bec they claim to be theres tenancy if ALL the leg reqs of tenancy are present: Parties: owner & tenant Land is agri land Consent to the cultivation of the land Sharing of the harvest For agri production Personal cultivation RA6657 created tenancy as a real right o Tenancy, once established attaches to the land = thus, its a real right o When the owner sells the land, the law says the new owner shall respect the tenant o So tenant, once a tenant, always a tenant (similar to security of tenure) = presumption is agnst termination Ct said its a legal issues, you have to estab the reqs in order for you to claim to be a tenant Case changed the ruling on harvest o B4 if the farmer gives 1 cavan during xmas time = satisfies sharing o Gift was enough o Case said that necessary to give regularly Bec a pleading alleges ur status, dnst mean you have it J cant be based on the ans bec the defenses wld have to be proved 1st in Ct o Alternative: based on ans raised tenancy provisional J discuss & prove tenancy tenancy Ct says X J dismiss Results in costs to the parties What abt DP? The adv is give to the party who starts the complaint = makes the 1st move If you initiate = you have the burden of proof & the burden of evidence o Have to present evidence 1st Even if ans allegation of tenancy, no way a Ct can confirm tenancy

Summary Procedure Removes some of the remedies/procedures so you can easily dispose of a case
Drilon89

Normal flow: o Pleading -- met by an an answer o But there are detours/ways to derail the other person File a MTD If terminated, its in favor of whoever blocked it If properly filed, plaintiff has no choice but to meet the MTD Raise grounds wc can be discerned on the complaint & ambient facts wc dsnt meet the issues/substantial issues = so u have the case terminanted on technical grounds *office = archaic word for function Removes the option of a MTD so case can be decided immediately Policy judgment of the SC: small cases dont deserve the whole procedure o But relative importance is subjective to an indiv Theres an assumption that if its a small case, it dsnt deserve the time of the Ct o Sir: theres smthng fundamentally wrong w this After an ans if filed in SP, parties submit their affidavitsn & Ct judgment o If Ct finds theres tenancy, itll be included in the judgment or part of the judgment Witnesses arent presented (civil) o (crim) def always has the privilege to cross-examine the witness Affidavit: sworn statement The idea is that presenting witnesses takes a longer time so reduced to affidavits Only in the affidavit stage will the Ct be able to det if theres tenancy so Ct may render a judgment Disav of an affidavit in trial/any proceeding? o Counsel writes the affidavit o So disadv of establishing the facts based on affidavits = theres something lost in translation o When counsel writes it he intercalats his own interpretation SO it becomes a batler of wc lawyers can write a btr affidavit o Whereas when a witness is on the stand, the judge can actually see if the person is telling the truth o Ex) there are gaps, hesitation, dsnt look in the eyes In our jurisdiction, its testimonial evidence that stil determines cases COA: act or omission by wc a party violates a right of anthr o R-D corr wc is breached Basis of a COA: o Leg basis for the R-D corr
Drilon90

Either a contract or law (tort, QD, spcl statute, consti prov) Consti prov: very rare bec of jurisprudence Hortatory (the prestation isnt clear) = SC has said that most consti provs are hortatory bec the oblig is usually on the govt o Oblig shld be legal in order for there to be a COA o There shld be an underlying law wc brings abt a juridical necessity o Oblig supported by a prov of law Morality & law may have some relation but they dont det each other o Sometimes, law is even so immoral that it imposes its own moral code (ex adultery, concubinage) Axn: processes a COA Remedy: o A) process i. Estabs a R-D corr ii. Estabs a fact or status o b) action relief: sets of 2ndary rights granted by statute to correct an injury o hohfled says you can resist anything that may bring an injury injury = shld be a leg inj (law allows you to mitigate the inj or meet it) o either damages or spcfc perf assuaguing an inj: everything capitalistic o when you suffer something, you get paid o if injured you assuage the other person to do what he shldve dne kind of relief: depends on what the statute allows X right if no corresponding relief = right is fictitious or horatory CC: sme provs are so broad (A19,20,21) o Ex) X pass an MBA program o Say give me the basis of why I failed not satisfied so sued on abuse of right = 5k o MTC has J If theres no prov allowing damages for abuse of right = X COA but you may feel injured o Damnum absque injuria You shld have a stat basis for a relief you may have a COA but no relief

City of Bacolod v San Mig Brewery Inc Tax imposed on every bottle just bec it exists Constitutional bec the power to tax is the power to destroy
Drilon91

o = limited only by certain provs You pay a tax just bec you exists = community tax o Cedula: basis is youre a citized bec you reside in a particulare place One of the enforcement devies for not paying tax = can be charged w non-payment of taxes OR need to pay surcharges (% of the amnt you failed to pay) What the govt asks you to pay has nthn to do w what youre dng its statutory o Govt puts a penalty the surcharge o (Total amnt of tax due total amnt of tax paid) X % = surcharge st 1 case: objective was to collect the tax 2nd case: to collect the surcharge o MTD bec of res judicata & no splitting of COA SC: X file the 2nd case bec COA cant be split (R2, s3&4) Can the city file a case 1st for collection of the tax & then file a 2nd case for rental = can be bec no splitting Wsnt the tax & the surcharge 2 diff things? So werent they 2 diff COAs? Duty was for San Mig to pay the tax based on an ordinace To get relief of surcharges: the COA is the duty to pay a tax wc wsnt due Payment of taxes & surcharges arise from the sme act/COA wc is the failure to pay the tax due = thus, splitting a COA The payment of rent based on a contract & the payment of tax based on law = are 2 diff things/COA COA here werent diff bec arose from diff things BUT are diff bec arose from 1 and the same thing! Can join COAs against a def Splitting a COA: to repeat the same COA o You use the sme COA alrdy disposed of win or lose o Reason: (1) unclog dockets (avoid repeated litigations), (2) conflicting rulings (sme COA evaluated by 2 diff judges), (3) unending litigation o A.k.a. ban by prior judgment or barred by litigation Reliefs allowed by law are limited Substantial justice part of the case: o San Mig alrdy knew the law o The lawyer of the City is at fault failed to include the surcharges in the complaint o Why penalize the City for the mistake of the lawyer whereas San Mig knew the law & still violated it? o Thus, need to get it right the 1st time bec you cant repeat it X file the sme COA = youre barred Reqs: o Indentity of parties o Identity of COAs
Drilon92

o Identity of subj matr of the case *litis pendentia: pending axn btwn the parties containing the sme COA = found/mentioned in R16 Splitting a COA/res judiucata is the sme as double jeopardy in crim Treated the sme way as lack of J can be raised even after yo file an ans Result = dismissal!

Feb 12 Summary: Rivera v Santiago Pub policy Q: whether the right of the farmers justifies a relaxed procedure/leniency? Sometimes framing of the Q matters or sometimes its based on a legal rule Just bec a laywer is not paid as much, means hes less competent. FALSE o Lawyer provides legal services for free o In the US, more disciplinary axn on legal aid ofcs than in the firms o Tendency in pro bono: by offering services for free, you get more cases than a lawyer who bills by the hour o W too much cases, quality of service goes down Theres an admission fee to enter the Cts = cost itself wc includes obtaining a lawyer How does leniency connect the the allocation of the farmers cost? o They wld have to allocate resources as against a landowner who has more resources (they have surplus incomes) Admin proceedings are cheaper, thus farmers dnt suffer the financial disadv of procedure If there was only 1 norm/rule, this wld req less expenditure than having 144 rules o Bec if theres more, you wld need a someone who has read all of it or can interpret 1 sec in a rule in relation to anthr sec in anthr rule, in order to retain the proper interpretation o The lawyer shld be able to read the rules in relation to the old rules & see the changes; understands the specific & the general Also, there may be a diff in interpretation by the Ct bec theyre granted w discretion Interpretation isnt dependent on technical rules Agrarian reform: X taught in law schs, so type of rules, concepts & principles in it are more complex o In some cases, sometimes the rules arent as simple as you think o Social justices: legislators just create more rules to help out others create new rules just bec its social justice Its not whats found in agrarian reform rules wc cause farmers a disadv Its not the rules but rather the fact that the farmer will litigate in 2 fora/forums Cts have options o There are justices wc rule on the basis of principle
Drilon93

o There are tose who rule on technicalities rather than connect it to the large social situation Where did the doctrine of acquiring J from the face of the complaint come from? o This can be traced to the 1st case wc stated this o Ex) Marbury v Madison started the concept of judicial rvw The lawyers in Rivera cldve said the case dsnt apply to the doctrine bec of social justice o But ddnt argue this way, so no exception was created J is based on the complaint notwithstanding the strong defense raised Tenancy is both a legal & factual issue o It matters on appeal that the only thing you raise are legal issues & not facutla ones o From the CA to the SC, always rule 45 o MFR is only for Qs of law o Motion for net trial only takes issue w Qs of facts Q of law: o WON the law prescribes it o Whether the facts fall under a particular rule, etc Q of facts: o Whether there is sufficient evidence or if evidence is sufficicent law & facts are 2 diff worlds o interpreting the law = leg Q o whether the evidence is sufficient to support your position/whether theres proof or is sufficient is a mtr of fact o our world is bifurcated by law & facts SC: tenancy isnt something you can just decide just on the basis of law, need to be able to prove it as well o Thus, need to go thru trial summary procedure to determine this In summary procedure: only affidavits & position papers o AFFIDAVIT: form Sworn statement Reduction of the statement of a witness into writing Disadv: Prepared by counsel Its shorn of color o X see the demeanor of the witness, u can color it thru adverbs & adjectives but cant show his demeanor dont say depose = only used in discovery just use attest body of the pleading is only 1 sentence = affidavit for summary procedure heading: RP
Drilon94

RP QC SS

QC SS SS: scisilet: so it is given Statement of married or single = no longer has any effect on our legal capacity Its no longer needed Ie. B4 a wife needed consent of her husband to file Residence: just establishes where you are, in case you need to be found or are needed to testify B4 the form used to be: (1) That, on (2) That, on each statement should be only 1 idea = 1 sentence or paragraph use only the ff format: subj predicate subj predicate direct obj predicate subj direct onj 1 statement only bec compound statements are difficult Think twice abt adjectives first Btr to nominalize a lot of terms X use adverbs (ex. Jokingly, not necessarily) Use the same noun/verb althroughout, if this is what you mean = repeat ever statement Ex) G went to the store. When G WENT to the store Chose verbs carefully bec they may mean diff things Ex) convince v satisfy It strucs the relation of 1 sentence to another Time saved bec easier to submit all to the judge & he decides Further affiant sayeth naught can delete this & just put a period CTC: community tax certificate Jurat: starts w subscribed & sworn to b4 oneblah blah Reqd under notarial law Commission expires every Dec 31 docum & og #: refers to the notarial book

AFFIDAVIT
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I, , That; ____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________. _____ Doc No. Page No. Book No. Series of 2007 notary docums: ea page is divided into 5 entires/docums AFFIDAVITS: o docum wc evidences testimonial evidence o its hearsay bec its the docum wc speaks & not the person who attests to it o ordinarily in Cts, if this is presented instead of a testimony there will be an objection that is has no probative value o thus, Cts usual strike them out o but in summary procedure, theyre allowed value added of a notary public: it tells the affiant that whatever you do, subjs him to perjury o world bank wants to remove this: just change the rules bec theres no real value to notary publics the factual I will be determined during the trial in summary procedure & trial is on the affidavits getting witnesses: takes time o has the same air time in the Ct of law o witness stand: qualify the witness, offer the witness, state what hell say & start examination o judge manages time well by giving a time fore examining a witness o so, usually you sent another time for cross examination, wc will take a long time o therefore, the disadv of DP is cost every1 can go to Ct & only have a few salas o the more you engage w ppl, the more conflicts you get into o thus, Cts may not be able to handle it & even if they can, theres a cost Ct was right but its the framing of the issue wc mattered in this case o Ct avoided discussing this by just focusing on the technical issue

*easier to get the majority vote by dealing w technical issues/narrow legal issues bec whats common w the SC members is that theyre lawyers & not common is the ideas on social justice
Drilon96

- also, law schs tend to be technical - best way to grade is by asking technical Qs * more difficult if color/deal w social issues * in the exams: sir will color the entire statement of facts, w drama - just like in rivera v Santiago - profs play w our perspectives & w our psyches - 4-6 sententces in the exam City of Bacolod Basis of the oblig was an ordinance wc also stated a penalty on the non-payment of the surcharge Case defines a COA: o X a single subj matr/wrong/act or non-axn o Its a duty that hsnt been complied w or theres a duty of compliance, then a breach or non-compliance or prevention from compliance o A COA can give rise to 2 potential reliefs Here it emanated from 1 rule or prestation The 2 reliefs here were compatible w each other = they were cumulative (not in the alternative) o They clve also asked for payment of interest o Bec if they paid the amnt, the City cldve invested the money o Can argue that bec of inflation, every yr, there are losses by the amnt of inflation Surcharge: fine to the govt Interest: unrealized income So 1 COA w 3 potential reliefs, but only asked for 2 here 1st case: was able to obtain payment 2nd case: same COA raised for the surcharge Reason they werent entitled to the surcharge: o They already had their time in Ct, so not entitled to use it again o There may be diff legal opinions bec diff Cts wld interpret the same thing = disorderly admin of justice Rule 2: cause of action S1: X action wo a cause of action o Thus, at least 1 COA shld be in an axn o X axn wo a supporting COA o But this dstn mean 1axn=1COA Bec s5 says joinder of COAs is allowed & s6 speaks of misjoinder of COA S5 & s6 are diff
Drilon97

Rule 3, s11: refers to misjoinder of parties wc is diff from misjoinder of COA o Parties: holders of the right & holder of the duty S4: X splitting of a COA a.k.a. res judicata o Implemented by rule 16, s1, subpar E & F o Thus, the remedy for splitting the COA is: Filing a MTD under Rule 16 Chapeau of rule 16 says w/in the time for filing the answer Thus, can file the MTD b4 the filing of an answer, but NOT after Purview of the Ct is limited to the document Rule 9, s1: Says when it appears thus it covers 2 cases: o Ct sees the defect o 1 of the aggrieved persons notifies the Ct Says at any time o Thus, the 2 grounds in Rule 16 (E & F) may survive even after the filing of an answer o So can still raise such under rule 9 Ct may look at the document & may consider the evidence as well Rule 39, s47: effects of judgments or final orders Par (a): bar by prior judgment in case of proceedings o Once u have a status on yourself, this is binding on the whole world Par (b): res judicata o Btwn X & Y, all issues relating to this COA is forever barred Par (c): conclusiveness of judgment o X & Y litigated in Ct for COA(1) o X filed anthr axn for COA (5) against Y they arnt barred, but anything that has to do w the facts in the case of COA(1), theyre bound by the judgment rendered therein Prov implements also the non-splitting of COA * similar to a case filed w no J over the subj matter

Joseph v Bautista Truck offered services to the public Why not sure the trike driver? o X privity of contract o X fault or negligence o He can claim he cant pay
Drilon98

Sued the owner of the truck & pick-up & drivers of both Theory of liab/basis of COA for truck: o Breach of contract of carriage o Easier to prove than QD bec just have to prove the contract wsnt complied w o No need to prove the level of diligence Theory of liab for the pick-up: o Based on QD o X be based on a contract Theory of liab for OWNER of the truck: bec shes the owner Theory of liab for OWENR of the pick-up: based on the E-E rel o Can get out of liability by proving the exer of due diligence in the selection of EEs o To prove diligence, ask for evidence: Did you advertise? Did you receive a CV? Did you get referrals? etc Owners sued each other as defendants = crossclaim (really a complaint but w/in the same sides) o Usually when 1 side fights each other, its a losing case o But in terms of procedure, good for the lawyers bec there are several complaints Theory of liab on the driver (when sued by the owner): either on tort or QD o QD: X sue if theres no pre-existing contract o Tort: can sue even if theres a pre-existing contract & can even go beyond it Insurance Co stepped in for the pick-up defendants, on the basis of 3rd party liability How many COA were in this case? TWO!!!!!! o Plaintiff only suffered 1 injury o City of Bacolod said: theres a R-D & breachif the R-D is based on a diff origin, then theres a diff COA o And an oblig under a contract is diff from an oblig under QD The level of diligence is diff hence, there are diff R-D correlatives In QD & contract: the damages in such cases asses the injury of the plaintiff o Theres 2 COA, but in terms of expenses, its the same = the value may be the same Ct said defendants were solidarily liable o Under tort law: they werent! o X solidary debtors bec rules on QD are from civil law (Spanish) & those from tort are from common law (Anglo Am) o There are 2 separate provs for them o Diff sources for the provs, thus, cant be be solidarily liable SC: only 1 COA bec 1 delict, 1 wrong
Drilon99

o Cited the book 1 of Moran o Entire discussion on 1 delict, 1 wrong was citing Moran wc ISNT AUTHORITATIVE While authors annotate cases or state provs cnt be sure that this is the interpretation of the Cttheyre just the best way to explain by the author They merely point to impt cases or the best way to understand, but they arent binding Theres a diff btwn a phys inj (phys & moral suffering) and a delict (breach of the R-D correlative) o Ct confused the 2 o Breach of a contract produces a legal inj/theta Here, there was 1 set of facts but 1 delict or wrong in the QD & 1 delict/wrong in the breach of contract o The Ct mentioned this, but then stated Moran so ddnt uphold the plaintiffs argument Technical conclusion of the Ct was correct: plaintiff X recover twice o But the basis was wrong o Proper basis wasnt bec there was only 1COA but bec the basis of the relief is no longer there = NO double recovery (A2177CC) 1 injury = 1 payment Basis of this is from Roman law: principle of unjust enrichment If he didnt accept the 1300, the case cldve proceeded The Ct couldve been correct, regarding the 1 delict = 1 COA but they confused the breach of a R-D from a physical injury

Bayang v Biong 1st case: quieting of title o Became final & executory nd 2 case: praying for the incomes of the land I: can res judicata be settled by a motion for summary judgment? o Yes, bec the purpose of summary judgment is the prompt disposition of cases where theres no serious controversy Recap: in civpro, grounds one can raise are based on procedure o Rule 16: MTD File b4 the answer Raise par E or F from the concept of splitting a COA Only uses the complaint, Ct cant go into the allegations of fact One has the case dismissed bec theres a technical basis for such o Rule 35: summary judgments Has a remedy called a motion for summary judgment Can file this even after the answer is filed Doesnt say if you can raise res judicata or litis pendentia = rule isnt clear on what you can raise
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 Ct can look at the factual issues, rather than only the technical ones X only assume statements in the pleadings are true, but the Ct can go beyond it & look at facts Summary judgment implies the Ct has to look at whether you can present evidence supporting your facts *note: in Rule 9,s1: doesnt state HOW it appears to the Ct, it just says it MAY appear motu propio or upon motion * and a Motion for summary judgment, is 1 of the modes to make it appear to the Ct that theres a defect B4 the complaint was filed, the def wsnt in possession of the property; after filing, was able to disposses Quieting of title: o X need the defendant to be in possession of the property o Title is a symbolic right w/in ownership o With title = entitled to it against the world o There may be possession of prop by persons not owners o If ownership is clear, regardless of interlopers (ex UP campus) = dont file quieting of title bec ownership is clear o There may be interloper/ persons in possession, but this dsnt affect the title of the owner Ct said there was a procedure Bayang cldve availed of when supervening facts occurred (after filing the complaint) Complaint was filed BEFORE occupation, so the cloud over the title WSNT bec of possession o Possession of the property is diff from the 1st case Thusthere may have been 2 COAs: (since possession came after the filing) o Violating the symbolic right to title This was the 1st right violated Possession may have added to the cloud of title Quieting of title: symbolic R-D correlative o Violating the right to possession File an accion reinvindicatori, ejectment, etc Jus possidendi owner has the right to possession COA in a supplemental pleading ripens AFTER you file the complaint o Thus, youre alleging a new COA Ct said that since there was an available procedure, of filing a supplemental pleading, wc he didnt do, you only have 1 COA o This is what the Ct was saying o Basically its putting the cart BEFORE the horse! o Theres no logic to it! Bec procedure follows substantive rights & not the other way around o Also, under Rule 10, supplemental pleadings are only OPTIONAL U can choose to file this or file a separate case Importance of the 2 cases:
Drilon101

Joseph v Bautista: is a negative example btwn the confusion of a delict & a wrong Bayang v Biong: confusion w/ procedure to follow in establishing a COA & the remedy wc follows

Feb 13 Summary: JOSEPH v BAUTISTA Issue: WON there was splitting of cause of action Yes, there was a splitting of cause of action Rule on splitting of C/A is Rule 2 Sec 3 Rule 2 Sec 4 provides, in relation to Sec 3, for the remedy (procedure/process) [Ratio is anything that interprets & applies. Rules cant be used as ratio, it makes no sense to cite a case. value-added of jurisprudence interprets (process where the ct declares its meaning clarifies its meaning) & applies (process by w/c the ct would isolate the facts that the rule would apply.)] RATIO: interpretation: there is no splitting of C/A if theres 1 C/A; theres 1 C/A if theres 1 delict or wrong. 1 delict or wrong = 1 C/A Basis of c/a w/ pick-up: QD (2177CC) w/ Cargo truck: contract # of prestation in a contract depends on the # of commitments in the contract every action/case filed, there should be at least 1 C/A defense from QD is different from defense from contract different c/a 1 phys inj: # of c/a depends on the # of laws/contracts breached Not a legal right unless contained in law Physical Injury Knowing of Physically existence hurtful Who is the Doctor / final nurse arbiter that determine s if its there? QD: in any endeavor, you dont hurt anyone. There is negligence that lead to the injury to another.
Drilon102

Wrong / delict Can happen in the abstract

Required diligence: reasonable diligence The relief requested: also a R-D correlative The right to a relief is statutory, not procedural w/o a statute: its an injury w/out a relief Right to claim damages is also a R-D correlative Oposa: natural law is not the basis of c/a Each right to relief must have a statute that authorizes it No one can be paid 2x for the same injury c/a = R-D + wrong right to relief only follows after a c/a, it cant be part of a c/a Facts to - existence of a establ contract ish: - validly entered into by parties - prestation not followed allege compliance w/ Katarungang Pambrgy - allegation of demand R-D correla tive not C/A wrong

have to establish exist of C/A. right to relief is different c/a leads to an action. Right to relief is contained in an action but not inherent in c/a consumer code: whenever a manufacturer releases a product, they are strictly liable for the product as long as you show causation situating the rule helps build the case theory of a c/a, theory of the case can sue the trike based on 2176, has diff duty w/ pick-up & cargo truck successful litigator depends on experience & knowledge set of facts: there can only be a set of evidence that exists
Drilon103

 choose only the c/a that is supported by evidence you have today & that will be available in the future. In a theory of a c/a, understand the c/a, youll knows the defenses know the weakness of your evidence Right to relief must harmonize w/ what client wants. Ask client what they want Compromise w/ your clients: lawyers & client may want diff things BAYANG showed the difference between corporeal & incorporeal things Discussion: FILIPINAS INDUSTRIAL relation of Ago w/ other party: atty-in-fact, agent MTD: ground wrong venue supplemental not real party in interest Rule 3 Sec 11 applies to naming not a real party in interest as such If a party needs to be joined, what is remedy under rule 3 Sec 11? Upon motion of any party or cts initiative SC: the root of classifying parties is the dist b/in real parties in interest and representative party (they cant sue unless they are authorized by law to sue as representative parties or as real parties in interest) Real parties in interest Who can be real parties in interest? Persons, natural or juridical, entities authorized by law Functions: when can a person become one? one who stands to be benefited or injured by the judgment or entitled to the rewards What kind of interest required? Material & substantial. Injury must not be inchoate Material interest whether the party can be the beneficiary or will have to deliver the prestation With the adversariness in the adjudicatory process, there must be this level of interest of the parties should be compelled by the case to deliver the prestation or be the beneficiary of the case Reason for the rule: defense from capricious & malicious suits Reqt: plaintiff must particularize eveidence, produce it & defend it in ct - with that kind of material interest in the case, the person who stands to benefit / do the prestation, continues the case Bec if not, disturbs the dockets Representative parties may sue only when allowed by law or rules of court Kinds of real party in interest in relation to C/A 1. indispensable 2. proper parties Kinds of real parties in interest in relation w/ kinds of relief required
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1. defendants themselves 2. alternative defendants Are there real parties in interest in class suits? YES Representative parties? YES Law that allows class suit? Made by rule For corps, who is allowed to sue? Corp can sue and be sued accdg to Corporation Code. There has to be someone to sing pleading either authorized by Articles of Incorporation or Board of Directors ARANICO Difference in this case: Case dismissed: non-compliance w/ order of ct: rule used not on joinder of parties by Rule 17 Rule 17 - Plaintiffs remedy (secs 1 & 2) - Upon plaintiffs own volition Rule 16 Defendants remedy

Case not non-joinder, not basis of dismissal but failure to join a party upon order of ct Ct nor splitting hairs bec Rule 3 Sec 11 provides remedy. If party does not comply w/ order, rule is silent Dismissed w/ or w/out prejudice? Rule 17 - it is deemed to be an adjudication on the merits Ct was given chance to evaluate evidence. There was no adjudication on merits of case Dismissal will not only say that you didnt comply w/ order but it was deemed to be an adjudication on the merits Can they file another case? No, dismissal by operation of rule 17 is already an adjudication on the merits bec the party didnt follow the order of the ct Drastic remedy: in any other way, cts will not be obeyed. If not, the next time, there will be no deterrent to disobey the courts Feb 15 Summary: FILIPINAS INDUSTRIAL A party has to be a real party-in-interest in order to pursue a claim or to be claimed When can representative parties sue? When allowed by law or Rules of Court
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e.g. of when allowed by Rules of Court class suit controversy is one of common/general interest to many persons who are numerous Undisclosed principal remedy of the defendant party brought by the representative of the real party-in-interest and not the real party-in-interest: R3 S11 non-joinder not ground for dismissal Remedies: (plaintiff not real party-in-interest) motion to include the principal [compel the plaintiff to include real party in interest] - court cant deny the motion. If they do, amounts to GAD - why necessary to use a motion before the dismissal o bec were not using Rule 16 but Rule 17 wait for order of court ordering inclusion if plaintiff complies, minor victory, move on to next stage if plaintiff does not comply, case dismissed under R17 why cant you immediately file MTD, but first file motion to compel? 1) R16 will not fit, cant use ejusdem generis (Sec. 1) 2) R3S11 (no joinder of parties) is not used as a ground for dismissal, rather R17S3 If a party is not joined, he should be joined REMEDY: move to compel plaintiff to implead party plaintiff complies NP [thats why R3S11 not ground for dismissal plaintiff does not comply defendant free from R3S11 and use R17S3 There was order to compel to join, plaintiff did not comply but defendant filed R16. If the defendant uses Rule 16 as a ground, keep silent that ground should be R17. MUST COMPLY W/ TECHNICALITIES & AVAIL OF THEM! R16 defendants remedy defendant makes use of infirmities in the complaint dont look at evidence of other party but context R17 plaintiff doesnt want to continue w/ case (Sec1) plaintiff wants to w/draw when other side has already filed answer, judge intervenes (Sec2) Theory of C/A should be mastered & become 2nd nature Discussion: LAPERAL What is an indispensable party? R3S7 What is a necessary party? R3S8 R3S7 & R3S8 used apparently similar words. Case clarified distinction. Difference b/in indispensable & necessary
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 What is final determination? What prohibits courts from doing so? not that you cant arrive at a judgment but cant arrive at a final judgment bec there is a consti barrier Can indispensable party attack the judgment? Mere non joinder of party not a ground for dismissal Is there an inherent way to partition property accdg to CC? No. prestation is to allow partition o A asked for partition from B, C, D who didnt want the partition. B, C, D are indispensable parties o A filed case against B, C except D. D didnt agree w/ judgment. Can D attack validity of judgment? Yes. Basis? Action to annul on basis of denial of DP under R47 [procedural DP] o A can file action against B for breach of contract. Can this C/A be joined with the 1st action? o B in possession, agreement by co-owners that whos in possession pay rental discounting his share. B paid C, D not A. Can A join action against B w/ 1st case? Yes o R2S5 limitations 1) Special Civil Actions cannot be joined with ordinary bec procedures are different 2) Claim w/ different venues/ jurisdiction Is C, D indispensable parties in 2nd case for rentals? NO Indispensability is assessed on basis of its relationship to the C/A not to the whole case C, D necessary parties in 2nd case? No Just bec they are not indispensable parties does not mean they are necessary parties in the other C/A How many corporations in Laperal? 4 potential defendants (Laperal Devt, Imperial, Sunbeams & Mr. Laperal) Source of C/A: contract: retainer agreement theres a statement that counsel will provide services for a fee Banzo sued Mr. Laperal initially As case proceeded, there was compromise agreement Sunbeams not a party to the case Banzo claimed that: Compromise agreement too broad. Sunbeam should be included Mr Laperal: Sunbeam is a necessary party Even if Laperal controlled the corporations, the corps. Have separate personalities Is sunbeam was a necessary party, should they have been impleaded in the case? Under the present rules, yes. No difference w/ indispensable parties. To put at rest all the issues, you have to bring in sunbeams R3S8: should they be impleaded? Yes, they ought to be If party not joined, duty/s of plaintiff? 1) title of case must read that all necessary parties are included
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2) if not, plaintiff should state reason why they are not included [should not be frivolous, should be something court will accept] if reason is unmeritotious, court will order inclusion, e.g.: a. sunbeam helps in getting evidence b. Sunbeam already dissolved c. Sunbeam not in jurisdiction of court d. Has ongoing case where he is counsel of Sunbeam [ conflict of interest] If judge agrees, can defendant say that there is a party missing? NO If the judge finds reason is meritorious, trial continues Indispensable party must be impleaded [same as rules in 1964]. If not, violation of DP Necessary parties: o 1964: permissive joinder. Plaintiff may choose w/c parties to implead (1964 rules apply to Laperal) o Present Rules: still permissive but must state reason why not impleaded. If court is not satisfied w/ reason, must implead. # of C/A that atty potentially had? 4 Can you join 3 diff C/A against 3 diff defendants? YES. R3S6 R2S5 contemplates situation where there is only 1 opposing party all of the C/A arose from a common relationship [retainer], fact [WON atty was paid], law[WON the contract should be interpreted as an oblig to pay the atty] Laperal, as stockholder, is not liable for actions of corp Concept of indispensable party: remove 1, cant proceed Concept of necessary party: for complete relief, even if 1 was not there, can proceed Less talk, less mistake. Judicial admission needs no proof New rules: whenever atty files, implead all. If not, in the body, statement of parties, include reason why other party not included UNWILLING CO-PLAINTIFF o R3S10 they can place unwilling co-plaintiff as defendant and reason why o Cant ignore unwilling co-plaintiff bec he is an indispensable party o D, of legal age, is hereby impleaded as an unwilling co-plaintiff. He may be served Alternative defendants R3S13 1 C/A o Solidary liab? No, plaintiff not sure who but sure either 1 How sure should the name be? R3S14 o Can sue/be sued under alias o Pedro slips on stairs. Filed case Pedro v. Whomever It May Concern not specific enough o A ran over by car. Name in the case? A v. John Doe In the pleading, John Doe must be identified as deiver of the car (color, make), place, time o When name becomes available? Amend the pleading to include name
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o Can persons be sued under trade name? Yes. R3S15 When a party dies? o If plaintiff, Duty of counsel to inform court (Notification of Death of Plaintiff) Plaintiff will be substituted if action can survive death of plaintiff If not, only duty is to notify. Bec case would become moot & academic o If defendant, notify the court. Substitution of parties chosen by heirs of deceased o How are heirs informed? Only duty given to counsel is notify court that party has died Counsel provides for the names If counsel does not provide, court orders opposing party to look for executor or heirs. Otherwise, case will be dismissed under R17S3 Why give plaintiff this burden? Bec if they do not do it, whole case is dismissed Money judgment not dismisse,d allowed to continue until entry of final judgment For public officers successor may continue R3S17

Feb 19 MIND MAP (Tony Buzan) Discussion: OPOSA V FACTORAN: prayer of pets: to have all the TLAs cancelled/declared null & void basis of the axn: A.II, s16 o whats the prestation in the text? o Duty holder = state o Duty to protect the evnt Does this imply not to grant a TLA or that no permit will be given at all? Were they asking for ALL TLAs to be cancelled? Not pointing to anything spcfc? YES Whats implied by the text? Shldnt this be defined furthere by Congress? o Choosing of the prestation in order to properly implement the duty is lodged in legislature But plaintiffs were claiming there was a spcfc right violated Factoran: MTD = complaint failed to state a COA (X alleging there was no COA but just failed to state one) Plaintiffs: minors representing themselves o So real-parties in interest o A 21 or 74 yr old cldve filed the same case o AII, s16: can be invoked by anyone, of any stage Thus, what was the sense of minors suing?
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What was the clas it was representing? o Present & future generations o Parents were merely guardians = representative parties Elems of a class suit: o Parties so numerous, impractible to bring all the Ct o Those suing shld be sufficiently representative enough to carry the interest o Single/common subj matter Class wsnt clearly defined o Just said they were representing themselves & generations yet unborn Generations yet unborn o Rule 3,s1: only natl or juridical persons or entities can be parties o Essential that principal has leg capacity to sue in order for his rep/agent to sue o Agency limits the powers of the rep so if the Principal has no leg personality, cant sue (even tho the agent has his own leg personality) o Bec derives auth from the principal Petitioners can sue for themselves o Had leg capacity bec represented by their parents For generations yet unborn o To be born: means to get out of the womb (after 9mos) has capacity for purposes of civ law o Intrauterine life is less than 7mos = shld be alive out of the womb w/in 24 hrs CC: not a person for purposes of capacity to act, if it hsnt left the womb of the woman What if the sperm & egg hvnt met or man & woman havent met? o This is still a generation yet unborn = the imagination of ppl may consist of it In ecology = called intergenerational responsibility o Concept of generation yet unborn is used here But imagination of amn & woman isnt a natl or juridical person & isnt an entity by law o No RA giving it capacity Mathay case: if the clas suit is improperly laid = case can be dismissed o This wsnt raised by the defendants RTC dismissed the complaint o X COA: cant find what the R-D corr really is o X use this statement in order for it to be actionable X COA, if X spcfc R or spcfc D (City of Bacolod) AII, s16: leg/consti principle, but it cant be worked using our remedial law principles o there MAY be a COA but its not stated yet in law so no R-D yet
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SC: went into the fxn of the MTD & ddnt state that there was a right o Ddnt ask whethere theres evidence to support the allegation just confined to the complaint & if the allegations are sufficient to sustain a COA o There might be a COA so just cont the suit so the in the course of trial, since the prov is broadly stated, it might come out so remand to the RTC, but when the case went down, it became arachaic Bec TLAs were extinguished but this wsnt the case wc estabd that

Dissent: J Feliciano AII, s16: the right violated wsnt spcfc enough do not do unto others what you do not wish done unto you =golden rule (defn of whats good) Ex) being called for recitation & unprepared = may/may not be a violation of the rule o If sued: may/may not have a COA bec its so broad AII, s16 is so generally that you may actually fit a COA or you cant find a COA o SC said this isnt our fxn, our fxn is to wait for legis to come up w a law (ex. Nvr give a TLA) X a fxn of the judigicary to 2nd guess the policy This may be a goal/principle in the consti, but it may not be a grant of a spcfc right to an indiv This is a mtr of the interepretation of the rule o This is diff from assuming the facts are correct MTD: assumes the rule is clear & facts are easily proven o Fxn is just to look at the allegation & see if its sufficient ot support a COA Complaint says def wronged me o Can be dismissed bec no COA o X file any pleading just so you can reserve your choice of a COA o If you want to sue, NEED to state the COA o If too general, it wont be saved by saying there might be a COA, but well wait for the TC to hear the case & see if itll be more spcfc during trial o This sms to be what the Ct was saying If the COA is based on a contract: the other party will rply based on this o X ltr change & say its on tort X hope that during the trial, the COA will appear Sounds nice bec deals w ecology & bec of intergenerational responsibility o Motherhood statements = no1 can contest this o But if you look at the technicalities, the COA, basis of the COA & parties are representing non-parties or will nvr be parties = can see theres smthn wrong
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X guide future generations SIR: agrees w the end result for sustainable debt but in terms of litigation, very difficult How do you arrange the plaintiffs? o In this case, no arrangements (name of minor was also the nme of the lawyer) TLAs werent cancelled by the SC Oposa wont the procedural part & not everything Liberalization of standing here = was this worth it? o Was it worth it in formation of new procedure? Dont know Case was qualified by the Basco case: can only be envtal & eco cases Pt of sir: might have been too expensive for the doctrine as compared to what was lost at the LC This case is jurisprudence at the margines = SC almst overstepping its competence

MATHAY Incorporators agreed that there wld be pre-emptive rights o Right of 1st refusal to orig incorporators for future stocks o But wsnt followed so filed a class suit, so that they cld get their proportional share of stock SC: X a class suit bec no common interest in the subj matr o Ea person had a definite portion, such that even if G got 20% & F got 20%, the 20% of 1 is diff from the 20% of the other o Ea had a diff subj matr for their own COAs COAs were similar = violation of the Bank of the incorporator o But the violation to G is diff from the violation to F Ex) bomb in a bus wc blows up o Rule that secu guards shld check buses b4 departure o Sm die, sm injurded = is this a proper subj of a class suit? o For the bus dd the secu guard inspect the bus? = single Q of Fact o Can this be a class suit? o Is there a common interest represented? o Common thing here is the inj that happened Rule of Mathay: if sm1 files a class suit, its vulnerable to dismissal based on the case Ex) Wow Wowee case: can they file a class suit against ABS-CBN? o No, bec theres no 1 int in the subj mtr o Same w the Guimaras oil spill o Theres a common Q of fact or law, but what Mathay says is that you NEED a common int in the subj matr Feb 20
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Summary: J. Feliciano (dissent): o X clear-cut operable R-D corr o There shld be an express R-D corr in order for it to be operable CLASS SUIT: hybrid joinder; its a representative suit In order to maintain a class suit, so as not to be vulnerable to a MTD, the ff elems shld be present: (Mathay) o Allege a description of the class/grp the plaintiffs supposedly represent o Allege the mems of the grp are too numerous, that they cant be impleaded o That the parties filing & the mems in the grp are sufficiently representative of the class o Share a common interest in the subj matter Ex) sir chooses a card at random, and the person has a 1.0 o Can sir conclude that the class is superlative? o Is this representative of the grade of the rest? NO o How many wld be representative of a grp of 40 students? o Is 20 the min # reqd? o For each partythere shld be 1 allegation Ex) taxpayers suit how many? o Pay P150 for a movie in Mkti & pay P1-2 to a foundation, you want to challenge this o Abt 2M watch movies in Mkti o So how many shld you allege for the class to be sufficient? o Based on the previous formula 1M ppl, so 1M allegations o If 1 M plaintiffs, youll need 1M allegations thus, it seems that the rule dsnt make sense bec till be defeated by this kind of formula for representation grp of 40: isnt 1 enuf if chosen at random? o Random means by chance! o No, 1 isnt enuf bec its pure & sheer chance! Statistics: sample o A sample wc is acceptable shld be representative Representative class: o A # of indivs wc will insure that luck or chance is completely removed from the equation o When you take a sample, you assume a population & that this population follows a bell curve (where you exclude the highest & the lowest, so that you can skew) Out of 20: normal is usually 10%
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Out of 1M: its abt 1k-1.5k Bt 1k in Ct is still a big job, thus the req of sufficiently numerous in order to be representative hsnt been scientifically done in Ct Ct dsnt have any knowledge yet of sampling Purpose of the req of being representative o So that htose who are in the class arent prejudiced by the filing of the representatives So in the movie example, govt is taking smthn from you & giving it to someone else o A6, consti: pub money shld be used for a pub purpose o Taking of prop wo DP o DP: arbitrary taking Movie case: o Case may lose bec the lawyer dsnt make a good argument SC says the prov is constitutional o So can any other person from mkti file & get anthr judgment? No, bec hell be splitting a COA A class suit is dangerous bec you bind others not named o You cant be sure that the interests of others are represented o You cant be sure that youre the best lawyer to do this Can still pursue an axn indiv in order to get their appropriate pre-emptive rights o Mathay case cldve dne this

MATHAY Commit a mistake in a class suit, vulnerable to dismissal bec youre representing others A has a share of stock: bank committed that hell forever have 25% of the shares B enters into the articles of incorporation aceeding to the shares of stock Initial shares =100% o A holds 20% and B holds 10% If theres a subsequent increase, A has the right of 1st refusal to the 20% & B the 10% In this case, named themselves as plaintiffs & alleged a class suit for their favor & for all the other incorporatpors who werent named Was suing in 2 capacities: o Real party in interest o As representative Entire case is dismissed both the case filed for himself & for those represented SC: policy they stated in this case = cant file a class suit unless its perfect *Complaint:
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Filipino: is the persons capacity diminished if this is not alleged? o No. o R3, 21: any natl or juridical persons may be parties o X need to be a Filipino in order for 1 to be a natural person o So why allege it? NO need!! Rem: everything you allege, you SHOULD be ABLE TO PROVE or itll be subj to attack by the other party o When you allege, its smthn you need to prove o Thus, not everything you copy from complaints are correct o As counsel of the other side, look at each & every word so that you can contest certain technicalities or substantive things, so as to have it dismissed Need to state of legal age o = alleges leg capacity o Why not put the exact age? X necessary & the more general you are, the better it is for you = make use of the technicality (this is specific enuf) Need to allege the residence o Place where the person may be served w summons o This determines the venue if the axn is a personal axn o Residence of the plaintiff is impt for this & in order for the Ct to know where he may be served the Ct processes o This is alrdy 1 allegation

Common or general interest (what Mathay reqs) Subj matter = the thing over wc the R-D exists/thing where the R-D calls for a standard of behavior o In procedure: may or may not be a thing or prop In many instances it is a thing, but usually not o Ex) death of a person = X prop, bec a things is only prop if its capable of appropriation/capable of erntering the commerce of human beings/is marketable o Ex) leg educ = prop! Bec capable of appropriation Mathay: this was stock o Stock = evidence of a share of stock = intangible prop o Share of stock: share of a corp = promise of a Co to an investor o The intangible of A (his share of stock) is diff fromt aht of B o But Ct found that the promise to A for 2-% is NOT the sme thing as the 10% to B o Subj mattr of interest are diff, hence there can be no class suit o It can however be a, CONSOLIDATED case Cheaper
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Cant join as a class suit bec the interests are not the same, are similar, but not identical Ex) Wowowee: X be a class suit bec there shld only be 1 subj matter o How many subjs matters if they file a case? o Minimum of 80 (bec itll depend on the COA or claim for damages) o Its the service that you profit from & not the death of the person o There are several subj matters here = so file a consolidated case The thing/subj matter depends on the COA o If you change the COA, it can become a class suit for the 80 families o Ex)_of a COA for a class suit To make sure that the same incident wont happen again! File an injunction case to prohibit ABS-CBN from showing programs wc feed upon large audiences, until they can satisfy certain reqs = 1 subj matr = 1 interest o If you file for damages = X 1 common, but diff interests o Thus, it matters how you style the suit So ask the client what they want, so you can determine if you shld file sep suits or a class suit In filing: its the option of the counsel (WON you have the capability) and itll depend on the COA Depends on how you frame your COA

RULE 3: parties R3,s20: axn on contractual money claims Refers to the def If the def dies while case is on-gng, itll depend on whether: o Axn survives Needs a final judgment After, go to the settlement of the estate o Axn dsnt survive When a person dies, his estate answers for: o All the creditors of the descedent o For succession Estate procedures settle all liabilitys Estate: usually X enuf to pay all the creditors, so main concept is in the settlement of the estate every1 files at the same time No 1st come, 1st serve the law provides for an order: o Govt: for taxes o Credits to workers o Secured creditors
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o All other credits If the axn survives: o The case continues until a final judgment o Upon a final judgment, it becomes a credit to the estate o But it wont be executed bec it needs to be presented as a claim agnst the estate While the case is on-gng = right is inchoate only, so cant claim agnst the estate, still need a final judgment Clue in s20: axn wc survives is recovery for money arising from a contract Impt that money is involved Also: Rule 86: funeral expenses, hospitalization, all money claims

R3,s21: Indigent party Pauper litigant Amended by R141 X reqd to pay docket & other legal fees Nthng in the ROC or code of prof resp abt exemption from attys fees or transpo cost Transpo cost: client has to go hme or atty has to do an ocular inspection o Ex) OLA: law interns incur expenses Any other exemption is very difficult, unless the govt sets up a fund R3,s22: SolGen Person who wants to challenge the constitutionality of a treaty (ex. Japepa) Youre the counsel of a grp of manufacturers who want to challenge this treaty Our Cts can invalidate the treaty, as far as our country is concerned Duty of counsel is to inform the SolGen Wholl be the defendants? Cant sue the Pres unless she steps down So who do you sue? o X sue the senate & X ask for a WPI agnst the senate, bec co-equal branch of the judiciary o *cases wc say Senate v ____ allowed bec the senate was the one who entered the forum o You can sue the Sec of DTI as well as the Exec Sec Axn is one of prohibition SolGen is never sued bec its cousel for the RP So any suit agnst the govt, need to notify him Some Depts refuse participation of the Solgen, bec they feel they have enuf leg capability to handle the suit Even before enteruin appearance, need to notify the SolGen
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RULE 4: VENUE Determines the place where the case is to be filed, provided, the place isnt alrdy provided for by law S1: states the choice of venue, it dsnt say anything abt the residence of the plaintiff Law: can spfy the place where a suit shld be filed o Ex) Anti-Terror bill/Human Securities Act o When the law ds this, place ISNT a Q of venue, wc is procedural, but it becomes jursidicational Sme authors say: Jurisdiction has smthn to do w the level of the Ct & venue is the place where the entity sits Consequence in terms of procedure/remedies available to the def: o J: is det by law, so can be raised at anytime (R9,s1) o Venue: can be waived by the parties & can even be provided for by the parties So long as its civ in nature Bec venue in crim cases are jurisdictional: bring the case where any1 of the elems of the crime was committed Civ axns: venue can be stipd even b4 the conflict occurs Craft a prov wc will compel the parties to only litigate in a certain Ct: o Parties agree that any dispute relating to this contract of lease shall be brought in the competent Cts of QC = X sufficient o R4,s4: b) b$ the filing of the axn on the EXCLUSIVE venue thereof o Rules that req that in order for the venue to be changed by the stip, the stip shld be exclusive o Add to the exclusion of all other Cts or shall be exclusively brought or the exclusive venue shall be (can be redundant) Venue of a separation case: o Filipino, resident of Mkti agnst a Norwegian, resident of Norway o R4,s2 applies o Ct wc has J: RTC bec its provided for in BP129 o SC has now re-organized the Cts & there are Family Cts (their best & more expeditiously settled by judges who are experts in such) o In Norwegian travels w his new partner, & go to Cebu, then bora (by-passes Mla) Can you file in bora? S3 is more spcfc for this case: you CANT since s3 says it affects personal status o S2 applies only to personal axns What if theres a pre-nup wc states that itll only be filed exclusively in Davao City o This is valid, bec s4 dnst have a specification that venue is an aspect of marriage, so its a valid agreement What if the couple owns prop? o Phil-Am resides in LA o Co-owns prop in Cebu w a Fil from Bagui o They bth want to sep the prop where do you file? o S3: can file in Baguio city
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Def an asn, X MTD filed Then realizes the venue is improper, what can the def do to have the case dismissed? X invoke R9,s1: defs X raised in an ans or MTD are deemed waived No more remedy bec venue can only be raised via a MTD (R16; in a MTD raise everything possible under a MTD, bec after raised 1, any other thing wc cldve been raised can no longer be raised as an affirmative defense) Venue is waivable, its a personal right

PLEADINGS Examples: o Complaint o Answer o Reply (fxn is to negate new matters raised as an affirmative defense in an ans) o Counterclaim (pleading of def/s) o Ans to the counterclaim o Reply to the ans to the counterclaim o 3rd/4th party complaint o Ans to the 3rd/4th party complaint o Reply to the o Crossclaim o Ans to the crossclaim o Reply to the ans o Counter-counter claim o Ans to the o Reply to the ans to the o Complaint in intervention o Ans to the complaint in intervention o Reply to the ans to the complaint in intervention o Etc 3 gen docums in remedial law: * Gen rule for pleadings & motions: o In writing o Authors are either the atty for the plaintiff or def Pleading
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There a pleading for the plaintiff & a pleading for the def Pleadings are for bth a plaintiff & def States the final relief States what you want the Ct to do Pleading of a def = answer, prays for dismissal Contains the final relief, therefore, it contains the basic claims that you have Where you state, where you join issues Once you make this, youre bound by it = you choose your battle & youve alrdy created your theory of the case Answer: contains how itll defend the case Contains a theory of the defense There are many, but the ans will only contain a few File 15 days from rcpt of summons State negative & affirmative defenses o You shape your battle arena in you pleading: diff set of issues for you to prove o Preparation of pleadings will take effort o Adv: whoever files the initatory pleading If you predict what the other will do, you can change what COA to use Hope strategy =WRONG!! o Ultimate claims & defense of the praties & they contain the prayers Motion o Any other requests, b4 judgments, are called motions o Anything you want to ask from the Ct o Opposition to a motion is still a motion: R15 Bec youre asking the Ct to do away w the motion attacked Order emanating from the Ct o Author is the Ct o Ct normally issues an order to decide a controversy o Generally we call them orders, but if theres a spcfc name, use that o There are orders wc are specially called (ex. Writ, warrant, etc) o Judgment is a spcl kind of order o Ex) Motion for time to file a pleading Order here is still an order o Orders/reliefs given: X refer to to the ultimate claim only refers to the incidental o o o o o o o o o

Feb22
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Heading: every line except for Republic of the Philippines requires legal opinion. It requires that legal text be found and there is a legal reading to determine what to put o Legal opinion requires: expert (interpretation) reading of the provision * Indicates branch of government. In remedial law, SC, RTC, CA, etc. Then region of RTC then branch o Branch is determined by BP 129, Branch 9 is not QC In filing a complaint, there should only be 1 blank, which is for the branch number since the case will still be raffled by the executive judge. If there is already a number, it implies that the plaintiff is in cahoots with the executive judge Had the complaint already been filed? Manchester says that you have to pay docket fees. (For the exercise: should have placed marks to indicate that fees had been paid When you file a complaint, compute the docket fees already. Apart from academics, remember the minute details.
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 LAW

If there had been a mistake with the joinder, you file a motion to severe to divide up the complaint. Dont file a motion to sever immediately, wait until a summons and the complaint have been served. For complaints, there is no need to file an answer immediately. Use of docket number for consolidation of cases o Before the amendments, counsel can choose where to consolidate o Present rules, can consolidate only with the lowest docket number Can be removed in allegation of parties: Filipino (not needed to establish capacity to sue) Simply identifying city should trigger to the mind compliance w/ condition precedent. Most pleadings allege certificate to file action Do you put law, jurisprudence in the complaint? NO o Pleadings state ultimate claims and defenses styled not for allegation of law but allegation of ultimate facts Dont allege meeting of the minds but the ultimate facts that show that would lead the court to believe that such meeting of the minds existed

Meeting of the minds FACTS Ultimate facts Evidentiary facts Cert of Registration (CR) from the LTO, significance? Contains serial number of car OR evidencing payment of registration where you can conclude that the one who paid is the owner of the car o Since the CR might be in the name of the 1st owner w/out CR,OR you can still prove ownership though testimonial evidence o receipt can prove ownership, transfer of ownership; deed of sale There is an allegation that you are owner of the car o Pieces of evidence: the more pieces of evidence, the more confident you are of being able to prove; determines what you can allege Determining what you can allege determines possible C/A you allege Law is not included in pleadings, they are already presumed Only reqt is to place the ultimate facts Entire rules, constructed premised on the idea that everyone knows the law Every allegation you place, you should be ready to prove The more you state in a pleading, the more the other side will say that have you proven it? Inference is evidence Structure of complaint PARTIES
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CAUSE/S OF ACTION CONDITIONS PRECEDENT ALLEGATIONS TO SUPPORT PROVISIONAL REMEDIES ALLEGATIONS TO SUPPORT CLAIMS / RELIEFS REQUESTED When you are asking for actual damages, it has to be an exact figure, it cannot be an estimate. If not, the opposing party will file a motion for summary judgment Dont put adverbs & adjectives without legal meaning unless you want to hit the party (e.g. utter lack of merit) Complaint, pleading that initiates trial Unsigned pleading: deemed that it has not been filed 3 guarantees made by signing of the pleading by the counsel o Counsel read entire pleading o Good ground to support it o Not intended for delay No sign by counsel mere scrap of paper Reqt that complaint is verified ordinary complaint need not be verified unless required Verification attachment to the complaint and not part of it o Affidavit of special character because there are required allegations o Plaintiffs themselves have knowledge and information o Required in pleadings as a general rule [verified if court is granted power to act on it simply through the pleadings] o Adds manifestation of affiants that they have caused the pleading and have knowledge & info o Reassurance to the court that plaintiffs support allegations Jurat (used for affidavits) different from acknowledgment (used for contracts) Certificate of non-forum shopping signed by plaintiffs

6. The parties have undergone the required conciliation under Katarungang Pambarangay under the Local Government Code (RA) as evidenced by Certificate to File Action as Annex A. How to raise in the answer that they forgot to allege Katarungang Pambarangay? As affirmative defense cases where other party didnt allege it so they cant deny it. You allege new facts for your defense. Not on evaluation of merits but on technicalities.
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PRELIMINARIES ultimate facts constituting C/A - should be called 1st C/A. For 2nd C/A Allegations are supposed to contain 1 fact per number: easier to affirm/deny; easier to replead it Surplasage: not necessary as a fact to establish that there is a level of diligence required; that there is a C/A. It may not be fatal to the case but it creates an impression on the decision maker. Mistakes can be amended as a matter of right under R10S2, but still be careful that you dont waste your amendments on trivial matters Spell out abbreviations first. Spell the entire word out and place the technical terms "Computed Axial Tomography Scan (CAT Scan) Relationship of a & b? can be raised as an issue by the other side. The opposing party can file a motion because pleading is not clear WON it is alternative or cumulative. Since there is no OR/AND, opposing party will interpret it as alternative Need to know WON alternative or cumulative to determine WON there can be joinder Complaints served by summons cannot be filed by registered mail.

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Feb 26 Pleadings: where claims and defenses are alleged & shld contain the ultimate facts (UF) Where the R-D correlative is based X raise evidentiary facts (EF) Form of the pleadings: Title: name of parties Body: composed of paragraphs where the indiv facts shld be alleged per paragraph Signature of counsel & parties are impt Need verification & cert of non-forum shopping o Signed by the party o If counsel signs this = deemed as an unsigned pleading & the Ct can dismiss it since no complaint was filed o Its dismissed by the other part or on the Cts own motion o The defect, however, can be waived by the defense or its deemed waived if not raised Verification o Attached to the pleading, under oath
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o Contains a manifestation of the affiant that hes read the pleading, he has knowledge & info of the facts contained therein & that theyre true & that he has caused the filing of the pleading o Requires personal knowledge R7, s4 Dnst mean that based on the experience of the person, he can speculate that the thing happened He shouldve perceived it = not that the knowledge is hearsay but that this person has perceived something It shld be something wc can be proven Faith alone, in a Ct of law, cant be proven Means: is smthng he has seen, felt, heard, smelled or tasted = smthng found thru the 5 senses o Signature on the verification means: He read the facts The facts are true to his own knowledge The allegation may also be knowledge & info o X state w/in knowledge & belief or w/in knowledge, info & belief WHY? Info: person may have come to know it from anthr person who actually perceived it = pure hearsay Ex) text msg: the msg is removed several times from the messenger The info is present, thus sm1 who perceive smthng, relayed the info to sm1 else Belief: facts wc arent perceived, may not be true = are imagined Remedial law is very Descartes = sep the things you see & the things wc may not exist (I think therefore iam) In psych: perceptions are really filling in the blanks you see a set of facts & fill in the blanks Beliefs are inadmissible as evidence Not allowed bec they cant be proved Its very speculative & Cts are wary abt such bec its unfair to the other person who may not believ in it & bec they cant cross-examine/verify such Thus, only things wc may be proven/perceived may o Only things wc may be proven/perceived are allowed, in order to allow the other party to verify & test the pc of evidence o Cts: its not truth even if it happened or if theres evidence, truth is based on the proof you can present AND prove o Ordinary civ axns: complaints dont need to be verified unless the law or rules require such o If its reqd & the pleading isnt verified, can argue that the Ct hsnt acquired J over the subj o Certain rules req verification: Bec in these spcl kinds of procedures, the Ct is allowed by the rules to act on the verified pleading Ex) summary procedure (SP) Ct can immediately dismiss even if X ans if filed, so long as they see any ground for a MTD is present Ordinary civ axns: Cts cant dismiss b4 the def files an ans bec this wld be a denial of DP
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Rules may allow the Ct to act motu propio for policy reasons In SP its allowed bec the matter isnt large enuf accdg to perceptions of policy You simply look at whether the Cts have J over the subj matter Also, Congress has authorized the SC to come out w rules wrt such things under BP129 Ex) R38: petition for relief from judgment Allowed here bec its alrdy a 2nd look, therefore the elementary req of DP has already been satisfied Ct can look at it & dismissthus, needs to be verified Trials: arent abt making a legal argument, its abt making use of the facts o You present evidence & weig it o Much of practice is in writing = more impt o Whats impt is the skill of forming the right Q = only time oral arguments are impt o You win a case mostly on the pleadings youve written Perceptions shld be remembered, recalled & communicated o If the witness cant do this, youll be in trouble = therell be a failure on communicating o Usually, lawyers dress up to intimidate/make the witnesses uneasy

FACTS Thse that can be perceived Thse wc can be cross-examined & verified Theres a Dichotomy btwn law & facts (REMEMBER THIS ALWAYS) o If the law says there shld be a mtg of minds definite offer & unqualified acceptance say the parties entered into a contract of services & theres a prov that 10M shall be paid for such service In pleadings, many things/facts shall be sanitized o Simply allege enuf of the facts sufficient to point out the R-D 7 the breach o Thus, EF need not be alleged Ex) theres a video of the transaxn or Susan witnessed the signing of the contract, etc Since a pleading is a statement of ULTIMATE CLAIMS/DEFENSES, only UF shld be stated If smthn isnt alleged/stated in the complaint, during trial, can object & say its not relevant Be sparse, be sterile = but if you remove too much, itll be fatal Facts are the only things to be alleged for the COA If axn is based on an actionable docum: R8,s7 o the entire docum shld be pleaded/copied; or o provs relevant are pleaded/copied; or o attach the docum *for annexes: plantiff uses alphanumeric, def uses numeric
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UF shld be alleged in a spcfc way R8,s8: o If alleging a state of mind: can state it generally Can make an inference that a person is insane Ex) contract: person entered into it but if show he was insane, contract is voidable Marriage- psychological incapacity Molina case: need to allege the disease allege the symptoms Difficult to allege as facts bec its a conclusion = thus, when you allege it, you need to aver spcfc things wc border on evidentiary o Fraud or mistake Elems of fraud: Willful Misrep Other party relied/believed in the misrep The elems shld be alleged

Tantuico v Rep Stated the gen & spcfc averments were too broad Complaint didnt allege the spcfc acts Tantuico did in facilitating, ertc Ex) alleged that he was a dummy o This can be the basis of a COA o Is it an UF? Or a leg concept or factual assertion? o Its being used as a leg concept wc has elems (Anti-dummy law): Theres a real principal, but undisclosed Theres an agent who represents himself as the principal Acts are legal were it not for the fact that the agent perfd them o Thusdummy here is a legal conclusion! X perceive what a dummy is, thus, the law provides for the manner in wc to show this o X allegation as to how Tantuico acted as a dummy Tantuico won this case but it was only an incident of the main case, so case went down again and continued = it was only delayed o Ofc of the Sol Gen committed the mistake (has abt 100 lawyers in the central ofc) o Didnt any of them see this? Something was afoot!!!! HALA! o At least 4 lawyers signed the pleading (in some really impt pleadings, 6 may sign) o The lawyers forgot that UF shld be alleged?!?
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SC: if its too broad & therefore becomes a leg conclusion, the remedy isnt to state that there isnt a COA but to have the plaintiff come out w a Bill of Particulars (BoP)

Bill of Particulars (R12) File a motion for a BoP bec the allegations & averments are too broad to enable you to prepare a defense BoP: plaintiff states facts w more specificity It supplements the complaint by making it more spcfc Its a pleading! It attacks the complaint: it says you arnt sure whether to file a MTD or an ans bec the complaint is so broad, so file this supplemental pleading Once this is filed, the Ct acts on the motion by either admitting or denying it thru an order If its denied, ds the def have to file its ans immediately? NO Why dsnt the def go directly to the plaintiff & ask him for a BoP? o Bec of the design of the adjudicatory process wc assumes that the other side wont answer o The other lawyers probably wont answer your request o Thus, an order for the Ct is always needed Filing a motion for a BoP means, there MIGHT be a COA, but you arent sure Comes b4 a MTD o If the complaint is vague bec there are no UF, DNT file a MTD file a BoP B4 filing an ans: can file for a BoP or a MTDthen file an ans after o You dont immediately file an ans o Vagueness of facts or conclusions of law = BoP EVIDENTIARY FACTS Remedy for filing a complaint wc alleged UF & EF o No remedy for the def since the min req is that you allege UF Disadv of alleging EF: o Need to prove them & cant go arnd what you alleged, otherwise, it may weaken the UF o Youre alrdy showing your evidence to the other side o We shldnt make it easy for the other side bec they probably wont do the sme things = there are no assurances the adjudicatory & vicarious processes make us devils of each other If EF are alleged: o Not a prob for the def o Problematic for the plaintiff
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DIFF PLEADINGS Answer: forces you to look at ea & every allegation & ans such Design of the procedure: facts are stated/alleged & ea shld be answered Fxn: denies or admits allegations in a complaint Specific denial: refers to a specific allegation as false NO Admission: you agree o If smthng is admitted, no need to present evidence o Its considered absolutely true, regardless of WON it happened o Exception: patentable mistake o Mechanism to make trials more efficient Spcfc denial w qualification: qualified NO X general denials: bec this is equivalent to an admission o Cant say no absolutely to anything Once a fact is denied, youre presenting it as an issue to the case o Fact: an allegation & an admission o Issue: an allegation & a denial An issue is tendered Factual issue: allegation in the complaint & a denial in an ans/other pleading Defenses: o Negative defenses o Affirmative defenses Raises new matters not mentioned in the complaint, but if were true, cld cause the dismissal of the complaint Ex) fraud: X alleged by the plaintiff bec you dnt shoot yourself in the foot (you fix your case in the best way) New facts/series of new facts to make an issue out of this, there shld be a denial wc will be found in the reply Reply: pleading of the plaintiff, the ofc of wc is to deny new matters alleged via those raised as an affirmative defense X reqd; optional pleading Gen rule: it this isnt filed, everything is automatically deemed controverted Exception: if the new matter contains an actionable docum o If you want to contest its genuineness & due execution = needs to be denied under oath (R8,s8) Counterclaim: new claim brought by the def He becomes the offensive team He becomes the orig plaintiff here Thus, there shld be a response w neg/affirmative defenses
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o Usually theres a set-off (if asks for 1M, ans says 1.5M) Can file an ans & a reply if an affirmative def is raised Counterclaim may only be made on the COA in the pleading o There shld be a relation = it arises from the same or series of transaxns related to the COA of the plaintiffs o 2 kinds: Compulsory counterclaim: must be set-up, otherwise barred by R9,s2 Permissive counterclaim: has no relation to the COA of the plaintiff; can file a sep axn for this

Counter-counter claim May be filed in a separate axn Cross-claim 1 party has a claim agnst a co-party 2 defs: 1 def files what cldve been anthr complaint The def who files becomes the plaintiff to the cross-claim & the other the def Can raise an affirmative def to this; can have a reply; can have a counter claim = counter-cross claim The further a pleading is related to the complaint, the more related it must be Ex) 3rd party claims: facts shldnt only arise from the complaint but shld also be for reimbursement, subrogation, etc o Ans to this can contain an affirmative defense o Can have a reply o Cant have a counterclaim to a 3rd party complaint o Only those allowed are counterclaims, cross-claims, counter-counter claim Feb 27 Summary: Knowledge & info: similarity bth involve perceptions (based on the 5 senses) o Knowledge: has info wc isnt hearsay Personal knowledge o Info: hearsay by defn Belief: X based on perception o Facts wc cant be perceived o Are imagined o Can be proven in anthr way except that it cant be proven by empirical evidence = things we perceive/sense o X be alleged
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o Theres a dichotomy btwn what you think in faith & what you have seen Pleadings: Complaint: States the COA Has caption: name of Ct, title of axn, dcket # Know every part of the pleading Summary: states the COA or the remedy being invoked Body In motions: designation of the pleading differs 1st part of the body: allegation showing the capacity of the plaintiff & def o After: allegations of the UF are found Ultimate facts Facts constitutive of a COA/the U or constitutive facts is the result of the EF wld therefore infer the existence of leg concepts If only leg inference are alleged & X UF - remedy is a motion for BoP o Elems of the leg concepts shld be alleged/ cant just state the leg inferences = violates R8 o Why not a MTD? Bec the violation of the ROC isnt 1 of the grounds for a MTD (R16,s1) Per se, violation of the ROC isnt a ground for a MTD o this is the policy bec if it were broadly asserted, there still may be a COA, thus the remedy is to ask the other party to replead it & state the UF o hierarchy: EF UF leg concepts by themselves, the UF cant be presented in Ct o can allege it but you cant present it o can only be proven by EF EF can be presented to the Ct o Only way to prove a past fact/act is to show a present thing/fact o UF cant be presented since its a result of an inference but its a fact wc just happened in the past o But X everything wc happened in the past is an UF Bec X everything that happened in the pasts relevant to your case Prepare a trial book: has a chart Evidence UF Leg concept to prove Pc of paper/exhibit: if theres a docum involved
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o Have notes, xerox of it or orig copy Bill of Particulars X immediately file a MTC but a BoP bec it might contain an UF Supplemental pleading: attaches itself to the pleading Dsnt amend the orig pleading Can file this b4 filing an ans to a counter claim All remedies applicable to a complaint, are likewise applicable to other pleadings Answer: Contains the defenses to the complaint Contains negative & affirmative defenses o This is bec you 1st examine ea & every allegation & either admit or deny such, bec any failure to interpose defenses will be deemed admitted under R8 Keep allegations to 1 fact per paragraph o Ex) if plaintiffs capacity to sue is denied need to do this in a spcfc denial we deny every allegation in the complaint o = gen denial wc is an admission o Plaintiffs counsel can file a motion for judgment on the pleadings (R35) 4 ways to make a specific denial: R8, s10 o Full denial: deny entirely & if practicable, set out the truth o Partial or qualified denial: explain what the truth is o X knowledge of info to form a belief as to the truth of a matl averment Ex) def specifically denies par X of the complaint, due to lack of knowledge or info sufficient to form a belief as to the truth of what has been alleged o Specific denial under oath: R8,s8 In order to put in issue the genuineness & due execution of an actionable docum OR allegations of usury Genuniness: the docum dsnt exist Due execution: X consent, X capacity, etc More complex & comprehensive Actionable docum: Written instrument where the COA is found/where you can infer the COA Ex) Philamgen: bill of lading; Donato: SPA Ex) contract: want to say its invalid
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To put the invalidity of an actionable docum in issue, the spcfc denial shld always be under oath - FALSE Partially true (if partially true, ans for sir is F & then qualify the statement) 2 exceptions: o R8,s8: X need for a denial under oath if the def isnt a party to the instrument o If its unconsti/contrary to law, morals, good customs, pub policy, etc X need to be under oath bec its X related to its genuineness or due execution Why shld it be under oath? Why only for actionable docums? Why only genuineness & due execution? Bec papers are impt bec theyre the repository of transaxns, etc *Parole Evidence Rule: when a transaxn is reduced to paper, all other evidence cant be presented Foundations of our legal sys are pcs of paper Its the paper thats impt = this is how leg relationships are created Disadv: o If the paper isnt accurate o A medium writes the paper & we unnecessarily empower lawyers to write them = lost in translation! o X proper execution o Result is a spurious docum Thus, it need to be under oath so that its under the threat of perjury/pt the statement at risk of perjury Ex) allegation: contract entered in2 btwn A & B Ans: def denies par 7, the truth being that the contract is invalid being contrary to law, etc Ruling of Ct: validity of par 7 has been admitted Rule on this: REVERSE! Bec the specific denial put in issue the validity of the contract, X on the basis of the genuiness or due execution of the docum Other grounds for invalidity, other than genuineness or due execution, dont need to be under oath How to allege an actionable docum: Reproduce/copy the entire docum State the pertinent provs Attach the docum Ex) allegation: contract entered into btwn A & B (X reproduction, etc) Counsel of def: MTD for failure to state a COA bec ddnt allege that there was a mtg of minds, etc X file a BoP bec Xvagueness in the allegation, they ddnt plead it properly Impt to work on an actionable docum: docum used as an exhibit/pc of evidence to prove an UF Know the diff btwn actionable & Xactionable docums Pattern of specific denials formulates the entire theory of the case o Affirmative defenses: Ex) complaint is barred by prescription = leg conclusion
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 Plaintiff: file for a BoP bec the allegation is too broad *striking out can only be done when the last responsive pleading is filed (reply) Proper construction: contract was signed on ___ & the allegation clearly states that demand to pay was made on ___ & at that time, a pd of 30yrs had already elapsed Hypothetical admission of the contents of the complaint/confession & avoidance Hypothetical admission = assuming for the sake of argument The allegations are true, but theres something else wc bars/prevents recovery o If def dsnt file an ans = X mean that everything is admitted Plaintiff shld just file a motion for default & R9,s3 (and its subsections) will apply Responsive pleading Reply If not filed: plaintiff isnt defaulted on the affirmative defense o Bec X filing of a reply means everything is deemed controverted Optional pleading bec its a 2nd pleading & the Cts will deem it as controverted Answer to the counterclaim: Can have negative & affirmative defenses If no affirmative defense is set-up & a ground is present but not alleged = barred under R9,s1 (deemed waived) Exceptions: (grounds wc can be raised past an ans or affirmative defense) o No jurisdiction o Res judicata o Statute of limitations/prescriptions o Litis pendentia These exceptions are diff from the defenses wc can be raised as an affirmative defense since they can be raised at anytime o Jurisdiction: conferred by law o Res judicata/litis pendentia: anything the Ct ds wont matter bec case alrdy finished or ongng o Prescription: the longer the case goes on, more prescription Exception in R8,s8: repeated Donato o A party who inst a party to the instrument o X have the personality to allege that the docum exist, thus, no need to be denied under oath When is it mandatory to file a reply? o When the ans contains an affirmative def wc raises a new matter based on an actionable document and the party wants to contest the genuineness or due execution of such
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Counterclaim Permissive: (Meliton) o Counterclaim wc reqs payment of docket fees o Bec can be filed as a sep complaint Compulsory: o Arises out our or is connected with.. o The same transaxn or occurrence used as the basis for the COA o Dsnt req the present of 3rd parties Logical relationship test: in order to det WON the counterclaim is compulsory (BA Finance & Meliton) o Evidence needed to sustain the counterclaim will be used to refute the COA o Otherwise, its a permissive counterclaim o X req identical evidence (if so, then the def wld have to be the plaintiff = absurd!); thus, Xhave to be completely identical R9,s2: compulsory counterclaim & cross claims not set-up shall be barred o Compulsory C: bec want to avoid litigation based on the sme evidence o Cross claim: X be a cross claim unless Arises out of or is connected w The sme transaction or occurrence X req the presence of 3rd parties o X compulsory cross claims bec by its definition, its ALWAYS compulsory As you go farther from the plaintiff, the reqs for a COA become stricter & stricter 3rd party complaint Shld contain a COA, & apart from being compulsory, shld be only for reimbursement, subrogation, etc

March 1

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DONATO v. CA Due execution - theres such a contract but that the document is invalid due to vitiated consent, does not follow Statute of Frauds, does not follow formalities of contract Genuineness- that theres no such document Statute of Frauds certain kinds of agreements/contracts must have the proper formalities. If not, most likely to contain fraud Contract may be invalid even if it exists due to unlawful object; content against law, public policy Contracts can be: VOID RESCINDED From the From the time beginning declared void Reciprocal obligation not complied with Ground Existed at the Existed after beginning due execution Why distinguish validity b/in authenticity & other grounds? there is an additional requirement of specific denial under oath for the ground of authenticity Impugning is not the same as put in issue. Is it possible to declare contract invalid and not claim its a forgery? YES. Lesion fraud in the performance of the obligation In invalidity of a contract due to lesion: w/out putting in issue that contract is forged, its presumed that there is a contract due to the nature of lesion

Not actionable document alleged through? o One does not allege a non-actionable document, if its relevant it is only evidentiary o Not necessary to form a C/A but must be alleged to establish condition precedent has been complied w/ o A document that is not actionable but related to C/A, not as an ultimate fact but evidentiary Condition precedent events & conditions that must be alleged before the plaintiff may successfully file a complaint
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Is it possible that a doc must be alleged before the condition precedent has been complied w/? YES, cert to file action; breach of obligation due and demandable o but not enforceable; there must be demand in writing difficulty in oral demands difficult to prove written demand not actionable Only actionable docs are required to be cited in a specific way o Alleged in its entirety o Relevant portions only o annexed If part of C/A not actionable not alleged, evidentiary only o Not part no requirement how alleged, can be alleged only using the title Specific denials: Kinds: under oath, entire, qualified, no info DONATO: denial due to authenticity, due execution; if defendant does not appear to be a party to the document, they can put in issue the authenticity on the ground of due execution w/out need of specific denial under oath Docs are impt bec: o More reliable than witnesses o Repository of past events

PHILAMGEN Negative Pregnant implied admission in the denial Arrastre operator company that have machinery/people that transfers the cargo to the storage where owner can get them Bill of lading: issued before cargo is loaded Letter of credit: bank sends to correspondent bank who will pay for them Theory of contract of adhesion in certain contracts: when it can be clearly shown that contract is vitiated, there were objections at the time the contract was signed but there was no choice Specific denial: bill of lading was a contract of adhesion o Implied that the bill of lading existed Plaintiff specifically denies pars ___ which states that there is a bill of lading the truth being that there is no bill of lading. Assuming that there is such bill of lading Negative pregnant fatal? Denial pregnant with meaning o Not fatal to responsive pleading o May be fatal to future defenses or to entire defense if its meaning is contrary to basic defense Can there be an affirmative pregnant? NO, bec statements of plaintiff are crafted in such a way that expresses meaning Can there be more than 1 counterclaim? Yes. Alternative Counterclaim? Yes
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Counterclaim & C/A o Counterclaim - Pleading; not the C/A; part of the answer; can have several causes of action; [for compulsory] based on same transaction] C/A & complaint contains C/A since pleading; vehicle; bring C/A via complaint o C/A R-D correlative; passenger/cargo Counterclaim can be both permissive, compulsory - unless prohibitory, suppletory Affirmative defense & counterclaim both allege new matters only the affirmative defense requires responsive pleading Responsive pleading to answer w/ only negative defenses? None Motion to strike immaterial grounds: if there is no other responsive pleading Is it possible that affirm defense will state C/A? yes Difference b/in affirmative defense & c/a in counter-claim o Affirmative defense only put up defense; not necessarily a cause of action o New matters must constitute at least a C/A C/A contained in complaint w/in J of MTC ; counterclaim damages of 1M due to malicious prosecution, will counterclaim survive? No, not w/in J of MTC (BA Finance & Reyes still holds) o Original complaint w/ RTC; counter-claim not w/in J of RTC bt MTC allowed o Sir: unconstitutional bec SC cant set own J

RTC complaint plainti ff counterclaim MTC but compulso ry J w/ RTC

defendant

When do you know when counterclaim is compulsory? TEST: Logical Relationship: evidence required to prove ultimate facts to set up defense same evidence to set up claims against plaintiff
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Compulsory counter-claim: splitting of C/A? No, different plaintiff & they are suing each other. Splitting of C/A possibly only is same plaintiff Since a compulsory counterclaim needs to be setup, policy consideration: o Bec if there is substantially same evidence, there would be a possibility of contradictory findings bec evidence must be weighed by judges impact on public is much graver o The subject matter flows from each other only 1 J unless filed separate pleadings Failure to set up compulsory counterclaim barred. Except when excusable (failed through oversight, inadvertence, etc.) negligence o Remedy: motion for leave to file supplemental pleading to setup counterclaim Sir: RoC wrong bec counterclaim does not arise after the filing VISAYAN PACKING SC: some of the rules for ordinary civil action, unless prohibited, are supplemental to civil actions Nowhere in the rules on declaratory relief prohibiting counter-claim In this case, compulsory counter claim bec the evidence needed to prove declaratory relief is substantially the same as the evidence needed except proof of payment SC: counterclaim should be set up but declaratory relief was set up to circumvent its obligations therefore allow to be filed Declaratory relief: dismissed Compulsory counterclaim not setup; barred forever Clear circumvention R9S2 Failure to raise permissive counterclaim o Remedy: separate action o File MTD due to litis pendentia / res judicata? No. permissive counterclaim always separable. Separate assessment for fees. Period w/in which to answer counterclaim? 10 days from completion of service of the answer together w/ counterclaim? Extendible OT TIP: If checker is rushing, they would just look for words they have in their heads aka magic words As long as period is not statutory, extendible unless rules say otherwise Why is statutory period for appeals not extendible by courts? Courts cant amend the law How long is the extension? Depends on the judge, in practice, normally 15 days or less & increments of 5 unless SolGen (can ask for 30 days) First day excluded, last day included. Count weekends? No If the last day falls on a Sunday/holiday, filed the next working days If 10 days, counted weekend? YES, bec not working day Motion to extend must be acted upon to be valid
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Reply: 10 days

3rd/4th party complaint filed before judgment - not compulsory - not filed/set-up, not deemed barred DE DIOS: difference: theres a statutory provision that requires filing of 3rd/4th 3rd / 4th party complaint contains C/A that are set up in the complaint. FALSE. Must be for reimbursement, indemnity, subrogation. TEST: WON proper 3rd party defendant: can raise same def as against plaintiffs claim as defendant. Proper party had plaintiff chosen to implead to begin with March 5 Summary: Philamgen: negative pregnant o Denial w an admission of substantial facts o Couldve been btr if it was a denial w a qualification 2 kinds of Counterclaims: o Compulsory: Arose out of the same/series of transaxns X req the presence of 3rd parties over wc the Ct cant acquire J If the Ct can acquire J over them, they may be brought to the Ct by serving a copy of the counterclaim w summons If forgot to file a counterclaim: remedy motion for leave to file a supplemental pleading (R11, s10) Allegation should be that there was an oversight, inadvertence or excusable neglect o Permissive: If dont set this up in the answer, can file a separate suit COA in the permissive counterclaim becomes part of the complaint, since its separately filed Logical relationship test: o Evidence reqd to prove issues will be substantially the same for the complaint & counterclaim o Prevents 2 Cts from ruling on the same evidence differently New matters raised in an affirmative defense dont necessarily constitute a COA o But they should be _______ ?!? Cond precedent: goes into the privilege of a right to an axn & not a COA o Ex) KB, exhaustion of admin remedies, etc
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Affirmative defenses: new factual allegations are alleged Negative defenses: X allege new facts o New facts stated are only for clarification of the denial Counterclaims:may be answered o The plaintiffs may create a cross claim against each other Crossclaim: pleading wc should contain a COA o Usually among defendants but in a counterclaim, plaintiffs are really the defendants in the counterclaim, so they may file a crossclaim o X permissive counterclaims o So X compulsory or permissive crossclaims, only a crossclaim o Contains allegations of facts constituting a COA o Theres a responsive pleading = answer to the cross claim o Can set-up a counterclaim = called a counter-cross claim Can raise a counterclaim in a crossclaim Can raise a counterclaim in a counterclaim = counter-counter claim Counterclaim of a defendant requires certain persons to be impleaded wc the plaintiff ddnt implead, theyre indispensable parties to the counterclaim, thus theyre impleaded o If the counterclaim is compulsory & he cant be reached, even if the COA arises out of the same transaxn, the counterclaim cant be compulsory to be fair to the parties o If the party is only a proper party, trial may still proceed A complaint breeding a crossclaim, applies only to a counterclaim Relationship of the COA in the crossclaim to the COA in the counterclaim or to the COA of the complaint o There should be some relation to the COA in the pleading wc gave rise to it o Every COA must arise out of or is connected w the sme transaxn = so all crossclaims are essentially compulsory As you go further from the original parties, the reqs for such persons/parties are stricter o So that it wont delay the trial of the case bec can simply file anthr case

3rd party complaint: Pleading goes for the debt of D & D2 is a guarantor o Rel of D2 to the entire complaint = proper party (case can proceed but for the relief to be more complete, implead him) o Case can proceed but the plaintiff should allege that there are proper parties who werent impleaded Plaintiff sues D2 (guarantor) o What can D2 do after rcvng the complaint? File a MTD or an answer Can alos file a 3rd party complaint on the basis of the contract of guaranty
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X need to file a motion for leave to file a 3rd party complaint Relation of the COA in a 3rd party complaint to the COA in the orgi complaint: o COA is only for contribution, indemnity, subrogation o COA cant be for any other relief Ex) X filed for moral damages Reqs: o COA shld arise from the sme transaction or relation o For contribution, indemnity or subrogation o Defenses of a def should consist mainly of defenses the orgi def can/cldve raised against the orig plaintiff Test: had he wanted to, cld it have been raised as a defense agnst the plaintiff Contains a COA so looks like a complaint Can file for a BoP, MTD, ans, may be declared in default, etc = whatever is available to an orig def is also available to a 3 rd party plaintiff Ex) re-insurer: 1 insurer guarantees payment of an insurable interest/guaranty to an insurance Co o The re-insurer can go agnst the initial insurer, who can go agnts the orig person who took the insurance o If the orig party sues all 3 = theyre proper parties o if he goes after the re-insurer, who goes after the insurance Co as 3 rd party, insurance Co can file a 4th party complaint against the insured th 4 party complaint: also for contribution, indemnity or subrogation o Looks like a normal complaint ROC implies that you can go to the 100th complaint, but this is unlikely4th party complaints are also unlikely But its btr to implead all rather than have your case delayed by having to wait for the other parties to finish their controversies

*SIR: notice Complaint: can file for any COA o Can even join unrelated COAs (R2,s5) or joinder of parties (R3,s6) Defendants: are also granted a certain leeway like plaintiffs o Can join permissive & compulsory COAs o 2 defs to a counterclaim or to a complaint axns are more limited Crossclaim: agnst ea other, can only be compulsory 3rd party complaint: o When a def becomes a 3rd party plaintiff o 3rd party complaint 3rd party claim (R35) so its becomes stricter as you go farther from the orig complaint
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BALBASTRO v CA A,B,C,D,E = tenants; X, Y = claiming ownership A is ready to pay, so to make sure who he shld pay to, theres a spcl civ axn called interpleader, so X & Y will be forced to file against ea other to det who is the owner You file a suit btwn X & Y Not all the tenants joined in the complaint o But its not necessary for all the tenants to join in order to file an interpleader axn Other tenants B,C,D,E arnt indispensable o Dnt even have to mention the # of tenants o R3,s6: several COAs permissive joinder of parties IF: Same transaxn Common Q of law Can X or Y file a counterclaim agnst the tenants? YES o R2, s5: plaintiff in a spcl civ axn can no longer file/join any other COA as plaintiff w any other spcl civ axn Can X & Y, as owners, file a 3rd party complaint agnst the other tenants? NO o While the owner wants to make sure the other tenants pay, he cant do this bec his COA arises from anthr transaxn = its grounded on anthr contract = thus, not a proper pleading o So the toher tenants can file a MTD In an interpleader payment of rental isnt a Q, its just about ownership Can a special civ axn be a counterclaim? o If Y files agnst D, what can D do? o D can file a counterclaim alleging the interpleader axn Is this compulsory? Necessary to the defense of D, but reqs the presence of X who is indispensable (bec cant rule on the interpleader wo X) So summon X, but X dsnt showcan D file a sep interpleader axn? YES The sep axn isnt barred evn tho A had alrdy filed, bec the COA of A is diff from the COA of D, but youll have to Cts deciding on the sme issues, so big possibility of diff decisions SC: 3rd party complaint in the case is IMPROPER, but D & E might be allowed to file their own interpleader, so for policy considerations, SC made an exception in this case PASCUAL v BAUTISTA 3rd party complaint: is an ancillary & is derivative from the orig axn Ct ruled: X a proper 3rd party complaint, except that the TC ddnt sever the cases & ruled on the 2 cases its a 3rd party complaint, wc is actually a 2nd case
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(*sir will elaborate more next time) March 8 Balbastro admission of a 3PC isnt discretionary on the Ct X need to file a motion for leave to file such Its a privilege X need for initial permission from the Ct Upon filing, CT will consider WON its proper = this is what R6, s11 refers to when it says w leave of Ct Just said that the 3PC was improper Test: if its for contribution, subrogation, indemnity Spcl civ axn: counterclaim may be raised in this (Visayan Packing) o Ex) declaratory relief, prohibition, etc *Counterclaim: X need to file a motion for leave, can immediately file it Intervention: S1: file a motion to interbene S2: only after motion for intervention is granted, then the pleading is filed = but can attach the pleading along w the motion March 12 Summary: Visayan: rules governing ordinary civ axns apply to spcl civ axns 3PC: ancillary & derivative from the orig axn PASCUAL v BAUTISTA 3PC: contained a COA not proper for a 3PC Test: if the 3Pdef can raise defenses wc the orig def can raise (Balbastro) Ct allowed the 3PC Ct has J over the 3Pc and the COA of the 3Pc & not party objected to its filing If sm1 files a 3PC, whats the remedy of the person summoned? o Remedy of the person if the COA in the 3PC shld be raised in a sep axn? Its COA isnt a proper bec the COA isnt contained in the orig complaint? o MTD dsnt apply bec none of the grounds enumerated applies to a 3PC o No amendment bec 3Pdef can only amend its answer to the 3PC Cant amend the 3PC bec its not the pleading of the #Pdef *ultimate defenses of the party are alleged in an answer
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*Pleading: contains the ultimate claims or defenses of a party *1st stage of knowing what the law is, is looking at the text of the law or rule o Remedy of a movant wanting to remove a 3PC cant be an amendment bec the 3Pdefs pleading is an answer & only the 3Pplaintiff will be the only who can amend the 3PC o Remedy = motion for severance of the COA (have it w/drawn!) o Parties shld comply w it o If the complainant dsnt comply, can file a MTD under R17, s3 *R17, s1: plaintiff w/draws wo an ans R17, s2: plaintiff w/draws after an ans R17, s3: w/drawal due to fault of the plaintiff (default) What if no1 moves the CT, but the Ct finds that the #PC is filed, can the Ct act motu propio? o NO, bec theres no ruler permitting such, X clear prov allowing the CT to act on its own o Unless theres a clear prov in the rules wc allows the Ct to act on its own motion, it cant bec: If the Ct had J, is it possible that the 3Pdef waive this objection? YES Personal rights can be waived If a party aggrieved dsnt claim its personal right, to severe, the Ct has no option but to rule on such COA (Ct acts on the COA of the 3PC) If Ct acted to sever, its being partial in favor of a 3Pdef bec its claiming a right of a person A.III, s1: DP clause (no person shall be deprived of life, liberty or prop wo DP of law) Will be violated Violating Procedural DP wc requires an impartial/neutral tribunal & once you move on a right of a party, you violate DP Its acting wo auth = ousted of J insofar as that claim is concerned Here, even on appeal, no1 complained, so it proceeded all the way to the SC It can happen that a COA isnt for contribution, subrogation, or indemnity in a 3PC and itll be entertained = Pascual v Bautista Ds the Ct rule on the COA or the 3PC? o They rule on the COA bec you dnt rule on a pleading A judge may be asked ot rule on the COA of the 3PCcan the orig plaintiff object to it? o No, bec he has no interest in the 3PC = stranger to that COa o Ct can rule upon it like in Pascual COA mya be contained in the complaint Pascual v Bautista: exceptional be it was the main axn wc was appealed The ruling of the Ct contained in the 3PC wsnt appealed o COA of the 3PC wsnt correctly relation to the orig complaint
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o Ruling: the decision in the 3PC was final & executory Complaint Orig plaintiff COA: evidence will be presented by bth sides & will be weighed; judge rules You dont appeal the txt of the law, u appeal the evidence Judge, judges if the facts on 1 side outweighs the facts of the otherside Judgment here appealed Ans Orig def Filed a 3PC, 3Pdef filed an ans COA: evidence is presented - Shld arise out of the sme transaxn, rel - For contribution, subrogation or indemnity Judgment here not appealed

Rep v Central Surety: on appeal, the 3PC waits for the execution/its suspended After a judgment is rendered, its rcvd by the party (=promulgated), 15 days to appeal, if no appeal, becomes a final judgment & execution takes place Appeal to TC-CA-SCso 15 dy period is interrupted If judgment relating to the 3PC isnt appealed, if the COA is related, this COA hsnt become final bec its ancillary, it waits for the appeal to terminate o If only the main axn is appealed, judgment cant be final bec its part & parcel of the orig complaint Pascual v Bautista: COA wsnt truly related to the COA of the orig case o In order to stop the 15 dy pd, u shld appeal 3P claim: diff from a 3PC o Motion by an owner of smthng, made the subj of a prov remedy

Pleadings: Complaint, ans: pleadings wc tender issues (estabs the issues) o Thru a complaint & ans o Thru the denials o Bec there are allegations & denials = factual issue * subscribed & sworn to = JURAT * allegations of interpretations of law & denial of such interpretation = legal * WON you have the evidence is a matter of practicality * if u dnt take care of your docums, you lose your case

issues

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Stage of the pleadings wc estabs the issues of the case bec they lay-out the trial of the case Adjudication: not abt if ur interpretation of the law is proper since the judge is presumed to know the law Certain policy things are constrained byt eh facts given to you You constrain the facts of trial thru ur pleading o You make a mistake in adding a fact, etc = its foreclosed

PRE-TRIAL R13 & R14: mutually exclusive o There are differences o R13: can have substituted service Can leave it in the ofc of the counsel Cant be by public unless certain circums exist o R14: no substituted service Can be thru publication R14: summons o Issued by the clerk of Ct o Applies to service of a complaint & summons o Why is the service of the complaint spcl? Bec this is how the Ct acquires J over the person o Summons is the coercive process by wc a person is brot to Ct thus, the complaint has to be served by a coercive measure o Summon in order to serve a complaint on a person o For jurisdictional purposes o Spcl for complaints R13: filing & service of pleadings, judgments & other papers o Applies to all other pleadings Exception: serve via R14 if the Ct reqs you to serve on other parties who arent yet parties to the complaint o For all other pleadings, motions & orders o Possible to have a co-def in the CC who isnt a party/possible to have a person who isnt a co-party in a crossclaim, etc Filing: giving a copy to the Clerk of Ct Service: providing a copy to a party or his counsel

Modes of Service: Personal

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Registered mail o Needs an explanation that personal service wsnt dne o If no explanation, pleading may be considered not filed o Law dsnt prohibit this but wants to encourage personal service = to secure delivery o Why encourage personal if registered is secure as well? o Ex) until theres a lawyer on record or an appearance is entered, summons & the complaint will be served on the party itself bec wont know wc lawyer the person will retain Law person dnst know just how impt the 15dys is Can file a motion to extend the time to ans (R1%) Law firm in ortigas, counsel of opposing party is in basilan To meet the deadline, use registered mail Day when the pleading is served is when its deposited in the post ofc o W registered mail, the time in the rules may be elongated So its unnecessarily prolongs it In our example, 40 days total whereas our rules say 25 days Substituted service o 2ndary service o Registered mail dsnt fall under this o Service if you cant do the primary service Ordinary mail

Proof of Service Personal: o Acknowledgment of the party rcvng it (w name & date) o Ofcl return of server o Affidavit of the person serving Registered mail: o Affidavit, registry rcpt & return card o Registry rcpt: wont say what you sent was a pleading Itll be issued no matter what u send Just proves an envelope was sent Shows you delivered an envelope o Return card: theres a signature on it If not signed, envelop w notices sent to the other party is returned to you Can place the type of docum you sent on the return card
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 Shows that its was served on the other party o Affidavit of service: States under oath that the pleading was mailed, usually by someone who can be put on a witness stand Every pleading, motion & notice filed & served shld contain this o *lawyer cant spend for the client bec you violate the code of ethics bec theres a req that there shld be sm professional distance Also morally wrong bec you disempower the client, decision is no longer based on whats real o Ideally: 2 envelopes & 2 copies of the pleadings For each set a registry rcpt is given Cts copy: dnst care if its 1st or last, but is more concerned that the other party is served Rcpt: attach to the Cts copy on the last page (traditionally attached here) Take note of the # and put it on ur copy Rcpt of the Ct: place in your own copy o When you file today at any time pd, its still the sme day so can file thru registered mail o Manage the return cards shld be pasted or stapled to a copy of a pleading when its returned o There MUST be an explanation X in the rules, can say anything X in the ROC wc defines acceptable reasons Its a mantra in pleadings State there were no messengarial services Need not be under oath If not there, leaves your motion/pleading vulnerable HAS to be there; just occupies space in the pleading but if its not there, leaves an opening for the other party Since its a statement/certification it just becomes a technicality If its there, its not questioned Dsnt really reinforce the purpose wc is to encourage personal service o Envelope becomes part of the records of the case = part of proof of service o Also keep the envelope of the other party = ur ways of showing the time & date the pleading was filed X file by air mail, JRS or email = not in the rules Registered mail =1950s! Why arent the other modes allowed? o Emails: electronic evidence law just came out recently & there are still ppl who dont open emails o Generation gap! Maybe in the future therell be ways to authenticate such modes
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Can hire a messenger for personal delivery o U can outsource a Co/grp as messenger o They can hire a courier instead o Can contract-out but rules wc will apply are personal delivery Registered service: service is diff from completion Personal service: service & completion is on the sme day Service by ordinary mail: provs on this are no longer relevant bec registered maul is alrdy offered in every post ofc o Considered substituted service in R13 & not R14

March 13 Summary: 3PC: for contribution, subrogation, indemnification o Remedy for 1 improperly filed: motion to sever o Relation of COA in 3PC is what is formed by the allegations in the complaint o Diff from the pleading itself o Body of the 3PC contains allegations constituting ultimate facts & the capability of parties to sue & relies/prayers Diff btwn R13 & R14: o R14: process, completion of wc endows the Ct w J over the party J shld be complete for a Ct to proceed Complete J: everything must be in = over the res (subj mater, COA, relief), over the remedy (auth by a statute to conduct a process), J over the person of the parties involved (plaintiff: thru filing of complaint; over def: thru service of the complaint w summons = service of copy of complain assures DP, summons assures that J is acquired) Gen rule: Wo compliance of s14, Ct dsnt acquire J over the person of the def For jurisdictional purposes o R13: service of other pleadings Applies to all other pleadings, service &b filing of motions, orders & decisions of the Ct Motions: any other docum other than a pleading that asks for interlocutory relief (relief other than a final relief being requested by the parties) Ex) motion for extensions, etc Service of other pleadings: Primary service: personal delivery or by registered mail o Btwn these 2, preference for personal bec theres a rule wc reqs an explanation if personal service is no done Cts cant act on motions unless theres proof of service on the other party
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o Coz Ct acting ex parte is ousted of its J o Anything it ds, if no proof of service, will be null & void o Thus, stub (registry rcpt) is attached to the copy of the Ct so it can be satisfied that theres enuf proof of service o Serve on the party 1st b4 you file w the Ct what you file w the Ct you shld have proof of service Personal service: Shld a lawyer serve a copy of its own pleadings personally? Shld it be him? NO, can be his agent, courier, JRS, FedEx, etc o Can hire as part of your staff a Corp for delivery o Can enter into a contract w a courier & have them deliver all pleadings, motions, etc for the lawyer o Ex) Law ofc gives a copy of the pleading & envelope to FedEx today; copy rcvd by other counsel 1 wk from now = when is the pleading served? Date of service: day when FedEx got the pleading & envelope/date of mailing for purposes w/in wc the other party starts to count the days for answering a pleading: upon rcpt completion of service: when actually rcvd couriers: when engaged, the service is reckoned at the same time of completion (service & completion is the same = when the other party actually rcves the docum) registered mail: service & completion is different o process clearly stipd under postal laws if not served thru registered mail, its considered personally served o bec its the only thing provided for under postal laws

Proof of Service X proof, the Ct cant proceed on the motion or pleading o Bec the Ct cant act ex parte o Cant act unless its convinced that youve informed the other party Personal delivery: o Acknowledgement Signature of the rcvng party upon rcpt o Ofcl return of the server o Affidavit of the person serving Registered mail: o Return card o Affidavit of party who sent the mail o Registry rcpt from the post ofc, that an envelope was rcvd Ordinary mail: o Theres such a thing
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o In the ROC only as mode of substituted service if primary service cant be done o But theres no place in the country not reachable by registered mail so provs are sorta irrelevant Other modes: o Electronic service: rules still dont recognize this Ex) sends 1 pleading to the judge & other to the other party thru email what will you do? Possible but proof is difficult Bec anyone can hijack your email add, difficult to prove that it really came from the other party So if no proof of service or filing = pleading/motion is considered as not filed If emails appear on the record, can file a motion to have it striken out = motion to strike/expunged for being sham & a mere scrap of paper (do the same thing when the pleading is not signed) Difficult to prove so cant be categorized as personal delivery or registered mail

ROXAS V CA Notice of lis pendens: notice that an axn is pending in Ct Gives notice to any persons that a particular prop is involved in litigation Its an encumbrance of the prop only to the extent of informing 3rd parties of the litigation dsnt affect the rights of the owners Only on real prop that is registered o Theres paper documentation in relation to the ownership of a person Ex) aircon: is this real prop? Depends on whether its immobilized by the owner or not o If not immobilized by the owner, its not real prop Only allowed if the subj matter involves real & tangible prop and title to or possession of real prop is involved May be removed on 2 grounds: o Notice is for the purpose of harassing or molesting the adverse party Theres BF Theres a showing that the only purpose of annotating is not to protect the prop or rights of the parties but is clearly in BF o Not necessary to protect the rights of the party causing the notice to be placed Ex) not a case involving a real prop involved in the case Why is notice of lis pendens in rule 13? o R13: covers service & filing o So why include this here? In s14? o S14 isnt in its proper placehas no relation to service to other parties Maybe it was a sep rule Maybe they misunderstood service to the other
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But service means to the other party & not to 3rd parties

BARFEL DEVT v CA Gen rule on amendment of pleadings: o Matter of right: anytime b4 a responsive pleading is filed o Pleadings wc can be amended: ans, counterclaim, reply = all pleading! R10 involves changing the contents of a pleading thru amended or supplementing a pleading o Amendment: changing a pleading Matters raised exist at the time the complaint is filed Matters including in the new pleadings are those wc can be filed when the pleading was 1st filed Consequence: it substitutes the orig complaint Substitutes bec the matters raised were present when the pleading was 1st filed Substantial amendments Prior to a responsive pleading = a matter of right Formal amendments: clerical errors Can be done anytime o Supplemental: addition to an allegation Raises events & transactions after the pleading is filed S6 Consequence: Only adds to the existing pleading & dnst destroy it Can you amend a pleading by adding a new paragraph? YES Can the Ct deny an amendment after a responsive pleading? YES o Allowing amendments is great at the start o Stricter as time passes Can the denial of a motion to amend a pleading after a responsive pleading is filed, can this be appealed? YES o Superior Cts can change the discretion of the LC only when theres a showing of grave abuse of discretion Early parts of the process, at pre-trial or early stages of trail, amendment is allowed as liberality to bring abt the true issues of the case Less liberality in the end coz no reason for the parties to have not raised it as soon as possible Complaint is filed, MTD filed for failure to state a COA o Complainants lawyers are sure theres a COA, but saw that the initial complaint was really lacking he saw several pars were missing o Can lawyer simply file wo leave of Ct an amended complaint? YES o Bec a motion is not a responsive pleading What if the def files a motion for summary judgment, counsel of plaintiff to prevent this, served & filed an amended complaint possible w leave of Ct? YES
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o Bec its not a responsive pleading What if a reply is filed, ds a reply have a responsive pleading? o Reply is a pleading; fxn is to set up defenses in relation to the answer o If the ans contains only negative defenses & no affirmative defenses, what is the response to the ans? Cant reply coz a replies ofc is to respond to affirmative defenses No responsive pleading to an ans & no responsive pleading to a reply o When you affirm, assert & denial = issue = trial happens Nxt step is not to counter No more further debate, debate o Affirmative def: raises a new matter o Reply: denies this, only replies Dsnt raise new matters Can add qualifications Thus, no responsive pleading Can amend an answer, reply o To amend a reply, necessity of leave of Ct depends o Pleading wc dsnt req a responsive pleading can be amended as a matter of right w/in 10 dys frm completion of service After 10 dys need a motion for leave When theres a requiring a motion for leave, necessary 1st to have been granted the right to leave o Its a request to come out w an order, other than the final relief, so its a recovery motion o Amended pleading shld alrdy be attached to the motion for leave In weighing a motion for leave of Ct, Ct can alrdy look at the amended ans 7 look at the substance of it o So prevents a very extended motion for leave Ex) Complaint filed may1 , files an amended complaint may2, files a 2nd amended complaint on may3 = all on record, filed & served o Counsel of the def: o 1st amended complaint was properly filed o Can only file once as a matter of right o Even w/in the time for filing a responsive pleading & none is filed, there may be a sit when a motion for leave is necessary o Policy reason: if you changed your mind twice, thats too much o Once theres an amended complaint, start counting from completion of service of the amended complaint X need summons for an amended complaint So long as summons is properly served, Ct alrdy acquired J over the person If summons is requested in order to deliver the amended complaint = judicial admission that the Ct ddnt acquire J Amended ocmplaint - served like any other pleading
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METROPOLITAN BANK v PRESIDING JUDGE Can the def use the orig complaint as amended, as evidence that the amended complaint is false? o Yes, what was corrected may be used Amended complaint substitutes the orig complaint But any allegation changed is only considered as a matter of evidence & is not a judicial admission o However, shld be able to provide the necessary evidence for this No substantial amendment Granting leave to file an amended complaint to the discretion of the TC TC are given a lot of leeway to grant leave I amendments o So that the real issues of the case shall be tried SHOEMART Supplemental pleading not nec? Ct said YES Initially rental for parti body Ejectment for nonpayment of rentals and arrears til tenant vacated prop After filing of complaint, shoemart increased rentals File supplemental pleading for a fact the P itself changed while case was pending? o P caused change in facts o New events were caused by P o Not objective Can it be the basis of a supplemental pleading? No distinction in rules as to who caused supervening event = can be filed as supplemental pleading Had it not been filed as supplemental pleading, Ct said can get all rentals that may be due and such other relief as may be equitable Ct all relief requested put in issue other things other than rental SC said that assuming for the sake of arg, supplemental complaint not properly admitted, SC still raise as issue via that allegation Implicit amendment R10, S5: conform to evidence o Requested P10k/mo + leg int o Shoemart after filing complaint asked P100k o Possible in real life o No other prov in complaint w/c requests reliefs just and equitable under the premises o Pre-trial WON Ds liable to pay P10k as arrears assuming it vacates
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o During trial before rules on Summ Proc, counsel for P starts to pres evidence in reln to inc in rental; counsel brings owner/man of SM to witness stand and asks: After complaint was filed, did anything happen if any, to the rental? o Counsel should obj on basis: Not relevant such that if counsel for P presents evidence bet o Not an issue in case although somewhat related, inc in rental, objection = relevant o Admissible only if relevant and not prohibited by Rules + presn (evidence) Ex. counsel doesnt object, R10, S5: accepted as an I = automatically Is set there BUT!! Not accepted as fact immediately o Supposing witness not credible, pathological liar o Pt is it becomes an issue in the case evidence weighed in a diff way Athough formal pleadings didnt put it as an issue = impliedly amended cause other party accepted evidence as relevant in I Impliedly amended no need to file a formal docu containing change sin the pleading During judgment, ct can act as if addl issue to be resolved R10, S5: other counsel (D) objects = Ct has discretion to declare considered issue in case? YES, Ct granted liberality if incase, in spite of objection, it sees impt issue so long as related to other issues = bring abt better conc as to existence of A Alien to issue at hand Ct wont allow it Implied amendment to pleadings automatic as if written down Judgment, Ct doesnt require Plaintiffs to plead to make issues clear TC in judgment, consider it as issue as provided

INTERVENTION METROPOLITAN BANK v PRESIDING JUDGE Compromise agreement btwn the orig party Motion to intervene was granted b4 the compromise agreement o But the orig parties were alrdy on their way to reaching a CA If Ct accepts the CA, they wld promulgate the CA In relation to the CA, what did the Ct say abt the motion for leave to intervene? Even if parties come to an agreement, it cant affect the rights of the intervenor if the motion has alrdy be granted Movant (intervenor) alrdy becomes a party to the case Motion for intervention was granted b4 the CA, so the TC was wrong in approving the CA wo including/considering the intervenor Moment motion to intervene is granted, he becomes a party to the case = b4 this, he is non-existent Ex) Pzier UK sues PITC & names its ofcrs & BFAD o Intervening are a grp of hypertensize patients who uses the drug of Pzier wc they have a patent over bec they know PITC will be able to lower the price of the drug o B4 judge allows the motion to intervene, accepts the CA & promulgated the CA o Patients MFR on the order accepting the CA denied!
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Bec procedurally, the movant in intervention isnt a party yet! Hes never a party until the Ct allows the motion to intervene Procedure: 1st move to intervene, then attach the pleading o Pleading attached: either a complaint in intervention (side w the plaintiff) or an ans in intervention (side w the def) o Complaint in intervention is admitted, what will the def file? Ans to the complaint in intervention (if ans in intervention = Reply to the ans in intervention) o Can only be amended if no responsive pleading is filed o w/in how many days shld the ans to the complaint in intervention be filed? 15 dys from rcpt of the notice of the order admitting the complaint in intervention (from completion of service) o if order granting & admitting the complaint in intervention is rcvd on March 15 march 16, ans to the complaint in intervention is filed dnt have to consume the 15dysso long as w/in complainant wants to amend his pleading, can he do so? No, bec responsive pleading is alrdy filed o order admitting & granting the complaint in intervention is rcvd on March 15 deadline for the ans if March 31 March 31, no filing, no service April 15 no filing, no service Def hasnt filed an ans Counsel for the complainant: can you file an amended complaint in intervention? YES, bec no responsive pleading yet But in filing an amended a doing so, you waive a remedy: R9, s3 (default) bec after you file the amended complaint in intervention (applies to amended complaint/CC/crossclaim, etc) the def now has a fresh period of 10 dys from completion of service of the amended complaint in intervention Options: file the amended complaint or raise R9,s3 o Would you waive default or file the amendment? Why wld u give the def a fresh period? o *a win is still a win o Bec in default, youll be limited only to the damages you requested in the complaint o Default is accepted as a legit strategy = rather than admit or deny, you can save face by not appearing (except if its annulment, marriage, etc) o Default is limited to what is alleged in the complaint o Amendment can happen b4 the responsive pleading is filed So you have some leeway after the reglementary pd has passed o Rcpt of order is the starting pt as counting the period Same in supplemental pleadings
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CARINO v OFILADA Intervention is proper b4 or during the trial Need a motion for leave to intervene after judgment? NO o Only b4 judgment Intervention is proper when: o have legal interest in the matter in controversy; or o have legal interest in the success of either of the parties; or o have legal interest against both; or o must be so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof. o intervention will not unduly delay or prejudice the adjudication of the rights of the original parties o intervenor's rights may not be fully protected in a separate proceeding Interest shld be direct & immediate Intervention was granted by the TC but later declared improper Shldve dismissed the case bec the orig case was dismissed & the intervention is only ancillary to it Motion for intervention not lie cause ancillary and int not matl, inchoate, speculative but test case SC: not concept of being a dir, matl, leg int Ex) prof submits the grade of a 4th yr class late so the whole class wsnt able to take the bar exam o Student sued for damages, actual (spent for bar rvw) & compensatory damages o 1 student files against the teacher for tort o Can the other students intervene? o If student A wins, this will set a precedent for the other students o The others cant intervene bec they dnt have a common COA o They may be interested in the success of the case, but the interest isnt direct & immediate Ruling: X intervene in the case of the others even though each of their cases wld be a precedent/test case for the other cases Wsnt allowed bec their axns werent directly related to the COA in the orig axn Interest shldnt be inchoate Inchoate here bec were interested in the success bec itll merely e a precedent Ex) TC judge granted a motion for leave to intervene o 1 of the parties thats aggrieved by this, files an MFR asking that the motion to intervene be vacated o Grant it! Carino v Ofilada Procedure for intervention:
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Needs to be granted w leave of Ct From date of acceptance of the supplemental pleadings

Motion for leave to intervene (bec the motion happens thru a motion in intervention) may be filed b4 or during trial and NOT after judgment Proper when: o Intervenor has a leg interest in the subj matter of hteorig axn o He has a legal interest on the success of either of the parties in the orgi axn o Has a claim against either parties in the orig axn o He may be adversely affected by the disposition of prop by the Ct in the orig axn Upon the filing of such motion, once this is admitted, the other party may file an ans w/in 15dys, upon rcpt of the order admitting motion for leave to intervene Order shld contain the permission to intervene & admitting the pleading attached to the motion Ex) pet filed by Phil health assoc of the Phils (PHAP), org wc produces infant formula milk o File a pet agnst the IRR of the milk code clear priority in favor of best milk o IRR state that its illegal for infant formula manufacturers to give samples or advertise & illegal to advertise the effect of infant formula, that it creates genius kids o PHAP files a pet for prohibitionwnts the IRR to be annulled/to stop them IRR is contrary to what the statute provides Also raise, freedom of expression o Several moms who were denied the ability to breastfeed bec when baby was born, ws given infant formula once this happens, cant breastfeed anymore o Moms file a motion to intervene grant? NO Criterion: rules wc state that intervention is only proper if the intervenor has a leg interest in the subj matter of the controversy o Subj matter here: scope of the IRR o Do the moms have a direct interest in this subj matter? Yes, they stand to be benefited or injured by the IRR bec they will be benefited if the IRR are in place Theyre interested in the subj matter of the IRR o So theyre intervention may be allowed Orig & concurrent J btwn RTC & CA & SC under BP129 o For Petitions for certiorari, prohibition & mandamus If petition is filed w the RTC: o Motion for leave to intervene filed on Jan 2006 o Now March 2007, Ct stil hsnt acted on it o Can the Ct be compelled to act on it o *There are certain gray areas not covered in the text of the Rules so learn to read the rules & other jurisprudence o Motion for leave to intervene, time for it is DEPENDENT on the Ct
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o Ct has discretion to actually determine it (these are the sits why justice is delayed bec Cts are granted discretion) SUMMONS Coercive process thru wc the Ct reaches out to the def & acquires J over his person Can be issued after a complaint is filed & 3rd parties who are necessary to a CC but havent been impleaded may also be summoned Pc of paper issued by a clerk of Ct containing: o Copy of the complaint o Directing def to ans w/in a certain time o Notice that if he fails to answer, there may be judgment by default 2 conds b4 summons is issued: o Filing of the complaint o Payment of docket fees Sheriff: ofcr of the Ct who serves the leg papers o Ct personnel who is in-charge w enforcement of the orders of the Ct o In some Cts, in the absence of him, there are process servers who take the summons & complaint & bring such to the def o Need them when a WOE is issued & u need the coercive power of the Ct to enforce such If clerk dsnt issue summons despite the filing of the complaint, whats the remedy of the plaintiff? o Ex) what if the Ct is the exec ofcr personnel of the judge & not the sheriff (entry in the future to Ctsafter clerk, go POW, then prosecutors ofc) o Rules say that for so long as the complaint is there & docket fees are paid, clerk HAS to issue summons so whats the remedy? o 1st remedy: hes the exec ofcr of the judge so file 1st w the RTC a motion to issue summons o 2nd remedy: Can file a petition for mandamus (spcl civ axn under R65) Can file this directly bec the clerk alrdy has the duty under the rules o Advisable to file these cases? These are the remedies (and this shld be the ans in the exam) But in real life, this isnt practical/feasible to sue the clerk of Ct bec the judge may be partial towards your case but if the entire staff of the judge is against you, you lose face w the Ct They can postpone or screw up your case! Hehehe Most of these remedies can be avoided can be fixed by simply talking to the clerk & ask him what he wants o Need to follow up w the clerk of Ct Getting the summons is just the beginning bec the summons need to be served Served by: sheriff, deputy or proper Ct ofcr o Can the P serve summons on the Ct?
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o Ex) client wants to sue Nora Aunor who is in the States, who do you serve summons on here? Personal service: presenting the summons to the def & having them acknowledge it & if the def refuses to rcve & sign it, can tender it to him Tendering = summons & complaint is just given o Shld 1st identify the person who theyre serving is the right def How do you do this? Accompany the sheriff to make sure Bec the client relies on no1 else but you bec its the lawyers are those who work the sys o Shld ask who the person is bec the sheriff has to make a report, called return Its a report as to what transpired He shld fill in the return, so he has to identify who he def is o When tendering the copy, sheriff 1st asks who he is, then say here are summons & you have been served o Shld the def get the papers w his own hands or can it be left on a table if hes in a restaurant? Summons shld be handed to the def If he refuses to rcve it, tender it = just give him a copy of summons For so long as theres personal delivery.. o So matters little where & what time o But if the sheriff is serving summons at 9pmshows that hes getting more than the leg fees Kilometrage: compute the amnt of money he will need to serve it & hand it under the table o Rules however dnt state that you give the Sheriff money so that he can serve summons o This can be fixed by fixing leg fees, but this might not necessarily work o If you dont want to do this, you can probably have the client ask the sheriff but make sure he knows the language of how to do this Shld be served on the person If in case theres a spcl deputization to do, it may be made by any other person designated to do so Ex) nora aunor o ask the Ct to deputize you as the server & have the client pay for your airfare SO, plaitiffs counsel MAY serve summons o But if w/in the phils btr if its the sheriff or the process server Why cant it be the P? o R13: All other pleadings is either personal service or registered mail Primary service = personal service& registered mail o R14: can only be done by handing a copy to the person X registered mail under the rule
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o Shld be dne by Ct personnel bec summons is the long arm of the Ct, so need an order from the Ct Can the parties be notified by registered mail? o Reality: can just take the summons & give it to the other party But the rules change this o Rules req that you get the sheriff, if you dont, you give ammunition to the other side Server will get the interest of the complainant o They will get paid literally by the client o Process server & sheriff dnt need to be objective, they have to perf a duty they arent mandated to be neutral Service IS NOT done by the parties o Bec its the long arm of the law & it manifests itself in the person making the summons Def: natl person o Personal service: Handing a copy or tendering a copy o Substituted service: Leaving a copy at the residence of the def w a person w suitable age & discretion Suitable: person knowing the importance of such docum & knowing what to do w it Leaving a copy at the ofc w the person in charge or has custody Allowed only when: There shldve been reasonable efforts by the sheriff to locate the def

VENTURANZA v CA Summons was served on the son X proper service bec the residents werent in the residence served but were in Pasay city o Summons were served on their old residence There was a return of service by the sheriff o Isnt this entitled to a presumption of regularity? Yes o Shldnt the Ct have relied on this to show that summons were properly served? Not in this case SC: if the service is patently defective, return wont hold Patently defective bec nothing in the return wc states that sheriff exerted reasonable efforts to serve summons on the def It cant be a conclusion of the facts o Reasonable efforts = is alrdy a conclusion of facts o Btr if return is more detailed lays down the specifics = the facts involved shld be put in the return Req: sheriff should detail what he did Mistake of the sheriff here was not serving it on the defs themselves o He served it on the father of the def
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o Old residence What he cldve done: o He cldve served summons in the ofc of Venturanza (ADB) Sheriff & lawyer can wait for her to come out of ADB & then serve her summons then If prevented from doing so, then reasonable efforts have been done o * sheriff cant enter ADB bec of diplomatic immunity; even with an order of the Ct, cant enter Btr to look at the ADB directory rather than the PLDT directory, bec the address there may be fault But best thing to do, is to do 1st the research b4 delegating it to the sheriff (investigate 1st) CANT go for substituted service unless can show that reasonable efforts have been exerted to reach the def 5pmcan sheriff still serve? Yes o Can sheriff give it to the lawyer & say you serve it & just tell me what happens possible? Yes, but wrong bec the lawyer isnt authorized by the Ct Lawyer wld be putting himself on a vulnerable position What is reasonable depends on the discretion of the TC o But Venturanza gives a guideline o Cant just look at PLDT directory o Need to specify the facts wc really happened

After service of summons, what happens? Duty of the sheriff to file return of service w/in 5 dys from actual service of summons & complaints o Sheriff returns summons & complaint (he has his own copy) o May be accompanied by acknowledgment of the person served o May be accompanied by the return If return is from the sheriff, return need not be under oath o Bec all govt EEs b4 assuming pub ofc take an oath o Sheriff takes the oath to do their job regularly & part of their work is to serve summons o So they have alrdy swore to it If return is from any1 else, needs to be under oath Return not filed w/in 5 dys...whats wrong? Leg consequences? o Summons bec effective once theres delivery of the copy on the def (whether he acknowledges rcpt or if its tendered on him) o Once plaintiff is able to serve & sheriff is able to file return w/in the 5dy pd To challenge if this is true of false, def has the burden of moving forward burden is on him to produce the evidence to destroy the presumption of regularity o If filed past 5 dys no presumption of regularity
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o Return of service has no presumption of regularity of pub fxns Thus, presumption wont apply if summons is challenged & burden of def is lighter Burden will be on counsel must prove all that happened when the sheriff served summons o Presumption is impt bec it dets who has the burden of moving forward Return of service is just an initial report of what happened o It may not be accurate but this dnst mean that summons werent properly served o But his can work for or against the plaintiff

For substituted service, need to: Prove reasonable efforts exerted Prove served in the residence or place of business Prove given to person of suitable age & discretion (competent to know what to do w the summons) only then ds the Ct acquire J over the def Ex) summons & complaint were improperly served, def ddnt file an ans w/in the reqd time bec it was improperly served o So plaintiff avails of R9,s3 (P can move to file the D in default; Ct can render judgment or tell clerk to rcve ex parte evidence in order to rule) = motion to cite D in default o Judgment is rendered o WOE is issued, and writ is implemented on the def Whats the remedy of the def? Go to the defs house & tell the sheriff that the WOE is not proper (say ur abt to file a case w the Ombudsman & get his add/name, etc = effective! Sheriff thinks abt his fxns twice; so tell him why dont you let me file the proper motion & then if I fail, you can enforce it) X file to have the WOE annulled bec this wld admit that there was a judgment If you file anything else, youre admitting to what had happened & then youll be estopped from filing a MTD File a MTD under R16,s1 bec no J over the person & everything that follows is null & void LAUS v CA 4 remedies to attack a citation for default: o Pet from relief of judgment These 4 dnt apply bec the order citing the def in contempt is null & void bec def wsnt properly served w summons X proper service bec summons were served on an 11 yr old girl SC: X served on defs themselves so the substituted service attempted by the sheriff isnt valid bec: o X show there was reasonable effort to show summons personally to the def (only waited 10mins in the residence of the def) Was it bec the recipient of the summons was an 11 yr old? Minor consideration
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Real reason why not proper: o Bec of the time sheriff waited = wasnt sufficient in order for him to avail of substituted service What is sufficient or reasonable? o 10 mins to most Cts is unreasonable Just to add to the decision, Ct said it was an 11 yr old How old shld the person be? o So long as the person wld know what to do w the pleadings Remedy here is a MTD (wc they properly did)

Rule 16 MTD can be filed, so long as answer isnt filed S20, 1987 rules: b4 had to choose btwn MTD on lack of J over the person, or cld file MTD w all the other grounds together o B4 bec of the omnibus motion rule you could do this o If you raise other grounds inconsistent w lack of J over the accused, you waive this ground Omnibus motion rule: whenever a motion is available to attack an order, all the grounds that can be raised, shld be raised in that single motion cant separate the grounds Today: we can raise lack of J over the person *motion to quash is to info (crimpro); as MTD is to complaint (civpro) Voluntary appearance Def Ex) complaint filed, docket fee paid, summons not issued o Def gets a copy of the complaint & files a BoP o Need summons? No, bec by filing a motion for BoP, evn tho its a minor order, youre deemed to have voluntarily appeared By filing a MTD & signing it w counsel isnt this voluntary appearance? o NO, bec MTD coupled w the ground that the Ct lacks J over the person is considered special appearance J over the res = cant be waived o Bec its prescribed J J over the person = can be waived thru voluntary appearance o Bec its acquired J, theres a series of facts wc names that summons & complaint were served on the person Ex) complaint filed, sheriff serves a copy only of the complaint to def = X proper service of summons Ex) complaint is filed, sheriff, wo getting a copy of the summons, serves a copy of the complaint on the def, def files a motion for BoP ws summons properly served? o No proper service
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o Thru there can be voluntary appearance, when summons isnt properly served, the Ct can still acquire J over the person (but not necessarily over the subj matter) once MTD is granted, the P can simply refile the complaint o X file for litis pendentia coz no pending axn o X file for res judicata coz no judgment on the merits So in some cases, voluntary appearance is a strategy o P has a complaint wrongly drafted, mistake in serving summons o If u have the merits of the case, btr to file an ans & go to trialP can no longer amend & you have res judicata Pleadings filed complaint & ans B4 filing an ans, consider a motion for BoP & MTD Motion for BoP precedes a MTD bec cant file a MTD unless you understand whats in the complaint (so BoP 1st b4 MTD) o If BoP is filed after the MTD< it wont prosper Exception: BoP b4 MTD (gen rule) o MTD 1st b4 Motion for BoP if the ground for a MTD is lack of J over the person o Bec once you file a motion for BoP you waived this ground Whatever you can raise as a MTD, can be raised as an affirmative def in an ans (R16, s6) Ability to discern what to file & when and whether to file or not = this is the value added of a lawyer Personal service Delivery Tendering a copy

Substituted service Natl person Leaving a copy in the residence w a person of suitable age & discretion after proving diligent efforts at service; by publication: only when it involves an axn in rem (affects personal status of the person) or a prop Juridical person: depends on when they are actually incorporated Domestic Serving a copy to the Service by publication corp: pres, managing partner, organized corp sec, gen manager, under the treasurer or in house laws of counsel
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the Phils Foreign corp:

On resident agent, provided its a corp doing business in the phils; or on the govt ofcl designated by law to that effect or any of its ofcrs or agents in the phils

Corp/juridical person Can you set up a domestic corp in the Phils but the principal place of business is in Bermuda: domestic corp! so to serve summons, follow rule on domestic corp o This is what is strange w our rules Service on the VP of operations valid? o Bec rules are specific on who shall be served Enumeration is exclusive Corp is insolvent, Pres cant be found in the ofc can you serve in the residence of the Pres as substituted service? NO o For corps, cant serve substituted service the same way as for natl persons Ex) Client wants to sue Microsoft Phils o You think its btr to sue Microsoft US o But can file a CC for infringement of copyright (only permissive bec not related to the sme transaxn) o How do you serve summons? o File a complaint, pay docket fees, get summons, sheriff asks you what to do next serve them on the resident agent acting for Microsoft o Theres none bec they do business thru Microsoft Phils.so who do you serve? Can go to where the ofcrs or agents can be located & serve it on them o Prob: they will default! o Judgment will be render, WOE issued will have to be implemented in the US o Ull have to have the US Cts recognize the judgment & theyll look int o whether service of summons was indeed proper Rule on service of judgment is just in addtn to your capability of serving summons on the pres, copr sec etc By publication: o File a motion for leave to serve thru publication Obviously done ex parte o Once granted: place & time of publication is granted Will specify the # of days for you to publish o Need proof of service: copy of publication, proof of completion of service
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o Need to send copy of the summons & complaint thru registered mail Registered mail only a portion of a spcl substituted service *r13: registered mail is part of personal service *suit for Desahucio (Delo Santos v Montesa) March 15 Summary: Amendments to pleadings o Matter of right b4 a responsive pleading is filed Amendment: facts & allegations are those wc were present when complaint 1st filed Supplemental: supervening facts after the filing of the orig pleading Default of the defendant: remedies are granted pet for relief, appeal, etc MTD: omnibus motion rule o All defenses & grounds shld be alleged or else deemed waived o Related to R9,s1 Summons: coercive process of the Ct to acquire J over the person o Served by the sheriff or process server o Shld do so w reasonable diligence & exert efforts necessary to serve the summons o If def cnt be located, SPCFC facts/circums shld be stated in the return of the sheriff o If return is by anthr person other than the sheriff, shld be under oath Substituted service: only when personal service isnt possible o Natl person: residence or ofc Suitable age & discretion: knows what to do w the summons/papers Minor: not necessarily NOT of suitable age & discretion LAUS: if not to def himself, shld be to a suitable age & discretion o Case revolved arnd WON the sheriff exerted reasonable efforts Voluntary appearance: this is equivalent to the Ct having acquired J over the person of the def DIAL CO v SORIANO 4 instances when extraterritorial service of summons is proper: r14, s15 o Axn affects the personal status of the plaintiff o Axn relates to, or the subj of wc is, properly w/in the phils, wc the def has a claim or lien o Relief demanded consists (in whole or in part) in excluding the def from any interest in the prop in the Phils o Def non-residents prop has been attached in the phils
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WON extraterritorial service is proper. NO Its a personal axn & an axn in personam Axn for damages is personal axn for the recovery of personal prop or damages AXN IN REM - axn on the thing or subj matter - axn against the thing itself

Relevant for R14: summons AXN IN PERSONAM - for personal liability - its against the person on the basis of his personal liab

Relevant for R4: venue PERSONAL AXN - to acquire J over the person of the def, need personal of - involves real property substituted service - dsnt involve real property

REAL AXN

R14, s15: refers to extra-territorial service vs R14,s6: service in person R14, S6: DSNT provide for any cond wrt to where itl be served o It DSNT exclude extraterritorial service o It DSNT say that service on a natl person can only be done personally when a person is in the phils. So how did the Ct arrive at the conclusion that it cldnt be served personally? o Summons were served thru courier, DHL o Was there a spcl auth granted to DHL or the person who will rcve it outside the Phils, who will tender it to the def? NO o Judge authorizedd the domestic corp to effect extraterritorial service thru DHL but ddnt say anything abt spcl deputization of sm1 outside the phils Summons: served by the sheriff, process server or person auth by the Ct o X the process wc is authorized, but its the person who is given auth o Its the person who is actually gng to deliver it who shld be authorized Was there any infirmity in the service of summons? o R14,s3: any suitable person ds this mean courier? What is a person? Natl or juridical Natl: one who is born Juridical: created by fiction of law Based on the enumeration in the sec, it contemplates only natl persons o Thus, authorizing a courier, authorizing it to serve a process = INFIRMITY
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Auth given wasnt given to a person S15: ds it prohibit that extraterritorial service be done only if it involves an axn in rem? Ds it say that its only personal delivery or tendering a copy? S16: service to residents outside the phils o Ds anything here prohibit the service extraterritorially on a non-resident of the phils who is abroad? S6: DSNT prohibit the service of summons extraterritorially on a natl person (def) o are there any conds as to where the person is? NO o A natl person may be served extraterritorially be personal delivery by just rdg s6 Is there anything in s15 or s16 wc limits the service to persons not in the phils, only thru service by publication, only when its an axn in rem? NO LIMIT how do you read s6 in relation to s15 & s16: o s6: whenever practicable, serve personally or tender a copy wc isnt a prob when the person is found in the phils o person not found in the phils: non-resident: s15 distinguishes axn in personam & an axn in rem axn in rem: service of summons is done by publication o extraterritorial service only in axns in rem o so can we infer that it wont apply to axns in personam? NO axn in personam: service by personal service possible to serve summons personally even if the axn is 1 in personam o what is the basis of saying this? Axn in rem real axn o Axn in rem wc are also personal axns: ex) annulment of marriage, comparing recognition of a natl o Real axns & personal axn: relevant only in R4 Relevant for determining venue Real axn: subj matter of the axn is real prop Venue is laid where the prop may be found Personal axn: what is involved is not real prop depends on where the parties reside, at the choice of the plaintiff Except if the parties have agreed to the venue o In rem & in personam: relevant only in R14, for modes of service Relevant for determining whether extraterritorial service will apply Possible to have a real axn but only an axn in personam? YES o Ex) Grp of farmers are abt to occupy an agricultural land, they are not yet in occupationfile an axn to get injunctive relief Dsnt talk abt title or possession to prop
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o Real axn: one wc involves an axn against the thing itself Those involving axns against the thing itself Venue is properly laid on where the prop is located, except if theres a contractual stip to the contrary o Personal axn: those wc dont involve real prop Venue is properly laid depending on where the parties reside, at the option of the plaintiff, unless theres an agreement to the contrary o *Hohfled: dont just follow your words by instinct! Possible to have a personal axn wc is in rem? YES o Ex) annulment personal axn bec it dsnt involve real prop Its in rem bec its an axn against the thing itself Affects the personal status of the parties (possible to declare as if the marriage nvr exsited) Who is affected? Parties & the whole world (every1 is put on notice) Real axn, in rem: axn involving title to prop wc is a real axn & also in rem o Real axn: coz involves real prop o In rem: once declared owner, he is an owner to the rest of the world Real axn involving possession: Ct declares the person has possession in fact, this will affect the whole world Is a contractual right property? o you can sell your rights to a contract o it is personal property (not real property bec its not an immovable, etc) service of summons by substituted service: need to look at whether the axn is in rem or in personam axn in personam: judgment will only bind the parties to the case axn in rem: judgment will have the effect of binding the indivs not only to ea other, but also the prop & the whole world, whether its real or personal personal axn in rem, involving personal prop: ownership of car is contested o ex) axn to recover ownership over the car = axn in rem but its a personal axn at the same time venue: since real axn, det by the residence of the parties to det service of summons: axn in rem so movable prop: X make sense to declare the venue where the prop is located o but can be done by contractual stip: X law wc states they cant have party autonomy o immovable prop: makes sense to declare venue where the prop is, bec if the parties are really interested in the case, theyll go to where the prop is located in rem & in personam: look at the effect of the judgment o if binds the entire world = in rem o binds only the parties = in personam
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only the interest of the parties world isnt legally concerned & not bound SUBSTITUTED SERVICE OF SUMMONS BY PUBLICATION: X look at prop involved (real or personal), look at if its in rem or in personam o in rem: can be by publication why? bec the effect of the judgment wont just be to the def, others will be affected by the outcome of the judgment, Ct allows substituted service by publication o in personam: cant be by publication unless, the def is an unknown def ex) can you sue spiderman? NO his identity is not really known unknown def: can spcfy who he is, can describe who he is, but DONT KNOW HIS NAME can identify him spcfcly from the whole population, but his name isnt known ex) Julius etc vs person driving a car at 11:10 in the mrng on katip cant serve summons bec dont know his name this exception is extreme but allowed bec the Ct just wants to reach the person whose name is not known BUT generally, when in personam, cant be served by publication how do we read s15 & s16, such that it limits persons who are abroad? o In case its an axn in rem, either you can serve personally or by publication This is consistent w s6 wc has no qualification & theres nothing in the rules wc dsnt auth service of summons to any other indiv We arent breaching others sovereignty o As far as the other country is concerned, they dont care bec its smthng btwn that def & the phils o X immunity unless its an ambassador of that country o Treaties: allows phils to ask for assistance to serve summons in their country Ex) sheriff from phils, brings summons, person is in a hse, can he enter & serve summons? o No, bec its breaking & entering in the US (in phils: qualified trespass to dwelling) o Sheriff can be prosecuted in the US o If US govt helps, their authorities may assist the phil process servers do our ROC only apply territorially, for service of summons? o S6 has no qualification, s15 & s16 seems to apply service extraterritorially only if non-resident or resident temp abroad, & axn is in rem Person in US, personal axn can you serve in substituted service? o Ex) Farmer sues Mr. Bolante who isnt in the Phils, for damages = personal axn o Relevant Q is whether its in rem or personam: its in personam bec no1 else will be legally affected except the parties involved, tho its a personal axn
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o Summons served: Personal service: personal delivery or tendering a copy R13: personal service of an ans personal delivery on the lawyer or party OR thru registered mail *personal service = PRIMARY service o Walang personalan o Either giving a copy or registered mail R14: personal service = PRIMARY service o Either delivering or tendering o Modes of personal service on Mr Bolane: s6 applies Sheriff can go all the way to the US or sm1 can serve in the US Nthn in s6 wc says the auth of the person to serve summons is only until border of the phils o Is there substituted service? YES Either leave a copy in his residence or ofc bec hes a natl person But b4 this can happen, there shldve been reasonable & diligent efforts to serve the summons, w/in the territorial J of the Ct (Venturanza) Can plaintiff advice the sheriff to serve summons in a substituted way? yes Person resides in the phils but is abroad, theres a possibility of substituted service o But there are cases wherein the plaintiff wld want to serve it personally (bec dnt know the residence, etc)possible that theres no other way but to serve personally Can the Ct auth a consul, in an embassy of a country where the natl def is? YES Can the Ct det who to authorize to serve summons motu propio? o Duty of the Ct is to issue summons o Has the duty to make 100% sure that summons is served? NO, its the duty of the P to help the Ct identify where the def is If Ct has no auth in law, rules or Consti, its CANT act w that powerif it ds, its acting favorable to the party benefited & unfavorable to the party adversely affected Ct cant investigate bec itll violate procedural DP, Ct has to be impartial = Cts are passive entities Only when theres a clear prov where you can locate the auth of the Ct to act on its own, can they do so o So not the duty of the Ct to locate a person who will properly serve summons **Bar Q: (1987) distinguish real & personal axns & in rem & in personam Personal Service Substituted service Copy at residence or ofc (reasonable
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NATL PERSON In personam

In rem

Service of summons = S6,R14 Delivering or tendering

JURIDICAL PERSON In personam

Primary Service Deliver or tender on the spcfc ofcrs: pres, managing partner, corp sec, etc (list is exclusive Rebodillo) (delivering copy to the ofcrs; rules dont say shld be w/in ofc hrs or w/in the RP, territorial or extra-territorial dsnt matter)

& diligent efforts shown by spcfc facts) Copy at residence or ofc (reasonable & diligent efforts shown by spcfc facts) OR w leave of Ct by publication, w registered mail (motion states that the axn is one in rem, etc) Substituted Service X leave it in the residence of the ofcrs; X substituted serviceonly way you can serve is by personal service

In rem

Can only do substitute service here

*inhse counsel: has E-E rel & atty client *external counsel: X E-E rel, no min wage, only atty-client rel *why wld a Co want to engage an external counsel when they have inhse counsel? - Bec smtyms theres more specialized practice - In-hse counsel knows the Co from top to bottom (specialized client but not necessarily specialized practice)
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- if its a rich Co, will hire many external counsels, so that whenever theres an envtal pub interest issue, party wld have no choice but not to hire smaller ones bec all the bigs ones have been hired by the rich Cos CONSOLIDATED PLYWOOD v BREVE Summons by publication in a personal axn cant confer upon the Ct J over the def who dsnt voluntarily submit himself to the Ct, proper remedy is to locate the props of the def, whose add is unknown & cause them to be attached Collection suit = in personam To acquire J in a substituted way, in an axn in personam, you can convert it into an axn quasi in rem (its in rem bec of a provisional remedy but the final relief is not really in rem), so to convert it, there shld be an attachment (R57) R57: there are only certain cases where a writ of prelim attachment may be granted Attachment: prov remedy thatll allow the party to avail of a relief fro the Ct in order that property is taken in custodia legis in order to answer for any judgment wc may come in the future Limited in cases where theres a showing that theres a necessity for the order Order called: writ of prelim attachment o Writ: Latin subtitute for order o Usually used in spcl procedure like in prelim A o Order used so that the sheriff can start to take personal prop or annotate real prop Prov remedy called: prelim A Only allowed under certian reqs o Procedural: needs a motion wc may be incorporated in the complaint o Substantive May be granted also after filing a complaint; may be done ex parte by its nature esp if the party hasnt been summoned R57 reqs that the motion shld be simultaneous w the service of the complaint, hence summons Limited grounds in s1, R57 o Recovery for a sum of money & def is about to abscond o Fraudulent conversion of prop so fraudulent intent involved o Prop has alrdy been taken in a fraudulent or unjust way o Fraud in contracting of the debt o Intent to defraud creditors o Dsnt reside in the phils st 1 5 grounds provide a certain belief that the def wont be there if he loses 6th ground isnt available as broadly worded (when there is a necessity to acquire J) o Otherwise, the 1st 5 grounds wont exist o 6th ground will only exist along w any of the 1st 5 grounds (1 of them shld be present, otherwise the 1st 5 grounds can be undermined)
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To acquire J if the axn is in personam, over a party who cant be found, convert it into an axn in rem by getting a writ of prelim A but need to allege the existence of the grounds for the issuance of this remedy Def is natl person, can you avail of this conversion? YES If summons werent properly served, Ct cld still acquire J over the def thru voluntary appearance

X voluntary appearance: spcl appearance When the counsel or party appears to file an MTD for lack of J over the person Old rule: needed to make a choice either R15: MOTION Process or docum that requests for any other relief other than a pleading o Any request for nay relief from the Ct Ex) party wants a writ of prelim A: its a motion for the issuance of a writ prelim A Ex) motion for extension of time to file pleading In a case file, cant call everything a motion o Ex) motion1 motion2 motion3 = silly! o You dont simply call it a motion bec itll be confused w other motions Ex) party dies, duty of the counsel is to inform the other party o File a notice of death/manifestation Ex) Ct asks for the party to inform o Manifestation in compliance w the order of the Ct Thus, there are certain other docums not covered by a sep rule (such as a notice of death) Form: in writing (generally) or orally (during trial in the course of hearing) o Ex) orally: motion for continuance (actually a postponement but dont say postponement) o Postpone: only for the 1st day of trial o Ex)counsel directs Q to a witness wc wsnt raised in the complaint Other counsel objects in doing so, its asking for a motion to have it removed from the record or declare the Q inadmissible) o Ex) asking the Ct to have the stenographer report the fact that the witness isnt smiling but smirked o Orally: not in writing bec its impractical o But normally motions are written Preferably in writing unless impractical Contents: o Contains the relief sought to be obtained o Signed by counsel or itll be a scrap of paper
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o Contains a notice of hearing addressed to the other party NOT ONLY TO THE CLERK BUT ALSO TO THE OTHER COUNSEL o Shld have the date of hearing after the filing of the motion o If by registered mail, shld be 10 days b4 & allow the other party 3 days b4 the hearing SC circular: motion day designated o FRIDAY o But there are cts wc allow them on tues or thurs o If judge wants it to a tues, but you want fri, you cld raise the rule, but then whatll happen to ur motion? Motion shld be delivered to the party at the latest on a TUES (on or b4 tues) o Exclude the 1st, include the last (r22) In practice, if you want it heard on the same day, you shld deliver it personally on a tues o Service of motions & other pleadings are governed by R13 o So serve during business hours but I you know the counsel of record, can give it to him anytime on tues Omnibus motion: when attacking any order or pleading, shld be stated or its considered waived o Redundant bec motions are all omnibus o X put urgent motion = says youre desperate o Motion is always omnibus You chose the date of the hearing, except that it shldnt exceed 10dys from the time of the filing of the motion o Impossible to observe bec the Cts docket is alrdy full o So its for guidance, not for strict rules o U can choose the time, provided its on the motion date Sign twice in the motion: 1st as counsel of the motion & under the notice of hearing Notices addressed to the clerk of Ct & counsel o Lawyers use this by habit b4 the case of provident o Youre simply telling the Ct the date& time & copy furnish the other counsel o Provident case: now have to address it to the clerk of Ct & the other counsel = if not, FATAL Q of law only in the motion: oral arguments on the q of law Q of facts raised: parties may present supporting affidavits & Ct may req that evidence will now be represented b4 the Ct (time when you call witness normally done during trial, but if motion is founded on the facts, you shld be ready to prove the facts) Real practice: motions are heard in 5mins (still get paid entire appearance fee) o Ct will ask: are all your arguments alrdy in the motion Shld say yes (if say no, youre not entitled to be counsel of the party) Other counsel: asks for time to file an opposition So ask that permission to have days to file a reply File a rejoinder to the reply
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Then everything is submission Ct will say order, & dictate the order Then oral motion permission to leave your Honor once acknowledged, can leave = its a dance o If other party dsnt want to dance, & say instead of filing an opposition, we want to hear the evidence of the other party counsel probably hates you, so you shld be ready w your evidence ROC: Q law oral argumentations o But rarely that you do this orally, usually do this in pleadings Appear w client for motions & in pre-trail R15: generic rule for motions (all motions for civ or spcl civ or in crim axns coz rules are suppletory to crim pro)

R16 MTD Motion to expunged hypothetically admits the contents of the complaint but at the sme time raise grounds thatll allow the Ct to dismiss the axn Grounds in s1 o X over the subj matter Look at the 1st line 2nd line o X J over the def Examine name & if summons was properly served Refer to r14 o Improper venue Check last line 4th line o Other case or prior judgment Externally from the case other case pending or terminated o Claim waived, paid or extinguished In body o Cond precedent not compiled with X stated in body o Statute of limitations o Failure to state a COA Body o No leg capacity In body
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Splitting a COA: litis pendentia, res j, waived/paid, statute of limitations Complaint may be our pneumonic device for this (bec this is what you use in practice) Can peg a lot of things in a complaint wc also works for a motion to quash Shld be familiar w this pattern Procedure is abt what you will do in order to reduce everything you know in substance to paper

LAGUTAN v CA MTD shld be filed w/in the pd to file an answer R16: MTD shld be filed w/in the time fore filing a pleading = ans Here, it was filed almst 3mos after Error for TC to have acted on the MTD bec it was filed 3mos after the amended ans was filed = there was alrdy a responsive pleading wc violated the 1st req that it shld be filed b4 a res Ex) Ground is failure to state a COA denied o Options of the losing party: file an ans intimating the ground as an affirmative def o If you lose a motion, take the loss& proceed w the ordinary procedure o If denied, & you feel you can win, file an MFR & then appeal claiming gad (shld be grave abuse if not its not actionable) Ex) MTD failure to state a COA - denied o ans is filed w an aff def that a cond precedent hsnt been complied w o X never state this as a negative def o Counsel of the plaintiff: object bec of the omnibus motion rule bec ddnt raise this grounds in the motion, so its deemed waived Bec can only do a remedy once all eggs will lie in the same basket in a single order or a single pleading Thus all grounds shld alrdy be raised Grounds of an MTD may be claimed as an aff def but the rules specifically say that IF NO MTD HAS BEEN FILED (s6) Counsel for plaintiff can file a motion to strike o If the def says but you can raise the grounds as an aff def o Can counter by saying there is a cond in s6 wc is that no MTD is filed MTD failure to state a COA denied; ans is filed, no other ground raised; anthr MTD for res judicata prosper bec of R9,s1 o This ground survives the omnibus motion rule under R9,s1 (lack of J over the subj mater bec whether you raise if technically or not, Ct will still have no J; litis pendentia, res judicata, statues of limitation) Aff def raised: lack of J over the subj matter motion to strike wont succeed bec lack of J may be raised at any time R9,s1 Lack of J over the person of the def R14, s20 applies if lack of J over the person is raised in a MTD o It dsnt apply when its raised in an ans bec the only way you can raise this is thru a MTD

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o If you file an ans w this ground = youre inconsistent bec to submit a negative defense the def alrdy has to know the contents of the complaint you have the copy of the complaint alrdy! = substantial compliance alrdy (voluntary appearance) o Thus an ans is inconsistent w lack of J over the person Lack of j over the subj mater: bec its prescribed J Lack of J over the person: something wc is acquire as a result of rules (such as r14); so if rules are not properly applied, its up to the def to waive this right

March 16 Summary: Personal & real axns are only relevant for R4 Axn in personam & in rem = for service of summons Consolidated: shldve filed a motion for the issuance of a writ of prelim A to make it an axn quasi in rem When a pleading is attacked, all objections shld be raised or its deemed waived = omnibus motion rule o Exception: R9,s1 LAUS v CA Collection of a sum of money Main issue: proper service of summons Thus, the MTD was raising lack of J over the person of the def No ans was filed There was a motion to file the def in default TC cited the def in default & Ct ordered presentation of evidence ex parte & based on the evidence & allegation of the plaintiff they issued a judgment based on the evidence wc was allowed bec there was an order citing the def in default & a motion to cite him in default MTD filed after the order of default Remedy of the def on the table was a MTD even tho there was lots of other options CANT ans that a MTD cant be allowed bec there were other options available to him What cldve been the ground for denying the MTD? R16, s1 chapeau MTD available only prior to the filing of a responsive pleading (supported by Lagutan v Icao & Galeon v Galeon) Judge correctly denied the MTD? NO SC: MTD was incorrectly denied bec there was no responsive pleading There was judgment alrdy, there was presentation of evidence alrdy, trail alrdy took place even tho it was ex parte o Def alrdy cited in default so no longer has the right to Gen rule in cases: o Any MTD shld be filed prior to a responsive pleading
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Responsive pleading is filed w/in the requisite pd Plaintiff may ask the Ct to cite him in default If Ct acts on it, opp to file a responsive pleading is alrdy foreclosed & the opp to file a MTD is alrdy foreclosed as well Since alrdy went to trial alrdy ex parte, wc is allowed bec def was alrdy in default & there was an order alrdy (pretrial is skipped) o Thus judgment is rendered This case is precedent though: bec no summons was served improperly o Chapeau dsnt apply bec the pd dsnt begin to run when summons arent served properly o The time for filing an ans is 15dys from completion of service of summons together w the complaint o Thus, in counting the pd, look at the pdtheres no completion of service if summons o And theres no valid completion of service of summons if R14 isnt followed o Sheriff ddnt invoke R14 s6but used s7 o Reasonable efforts werent showed thus there was a violation under R14, s7 o They shldve served under R14, s6 (wc is the general rule) o And since they ddnt serve validly under R14, s6there was no valid service of summons and therefore, the Ct dsnt acquire J over the person & the pd for filing a responsive pleading ddnt begin Improper service of summons may be a trigger for filing a MTD What abt a judgment? o Judgment ripeness into finality Remedy Motion for new trial, or MFR or appeal wc will stop the pd o They ddnt interrupt the pd for finality of the judgment o Instead they filed a MTD wc attacks the complaint & not the judgment No need to stop the pd for the judgment bec it CANT ripen into finality since there was no jurisdiction over the person, everything that came after this is null & void If a person isnt properly served w summons together w the complaint, why dsnt the Ct acquire J over him? o Bec its a violation of DP of the def o What abt the burden of the def that he ddnt really know that there was no complaint? Can we assume that the sheriff did serve the summons & complaint? Presumption of regularity of duty since the return was incomplete, thus no presumption Rule of this case: Notwithstanding the presence of an order citing the def in contempt or a judgment citing him in contempt, if it can be showed that the def wsnt properly served w summons together w the complaint, the MTD under R16 shall still be available Ds this apply in cases where proper service of summons is made? NO o MTD can no longer be raised after judgment false o o o o
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Ex) complaint & summons properly served, def files a motion for BoP, he dsnt follow thru, so plaintiff moves to cite him in default, order issued, ex parte presentation of evidence, there is judgment o Can no longer file a MTD? o In case there lack of J over the res it can still be raised, R9,s1 o Relief wld be to have the complaint dismissed o How can this be called a MTD under R16 if R16 is unavailable? Bec its still a MTD under R15 (sm lawyers even change the name by saying that its a motion for dismissal) Rules are nt clear abt this so be careful abt MTDs filed after R15: rules governing the motion, its procedure, its form, etc Remedy: procedure/process Relief: what youre asking the Ct for Ex) if there was J over the person & proper order citing the def in default what are the remedies? o Depends on the stage of the case when you attack the order o Complaint-answer; pretrial (trying to fix things so that trail will be more efficient); trail; judgment = procedure in the trial Ct o B4 gng to an appeal rules allow a process whereby the judgment can be re-examined by the same Ct called MFR or Motion for new trial (r27) o In default: after complaint is filed & in cases where def shld file an ans bec service of summons is properly done, & no ans, motion to cite him in default, order to cite def in default (Xjudgment bec it only acts on the motion to cite the def in default), so def can no longer participate but gets notices of everything, judge may have the option of jumping to the judgment or ex parte presentation of evidence, then judgment o In Laus, the SC went thru the remedies had it been a proper citation of default = depends on the stage o Order citing in default: remedy is MOTION TO SET ASIDE THE ORDER OF DEFAULT GROUND OF FAULT, ACCIDENT, M, E (FAME) o After judgment: MFR , MOTION FOR NEW TRAIL OR APPEAL o Judgment alrdy final (pd for appeal has lapsed): pet for relief from judgment bec of extrinsic fraud, accident, mistake o What is the remedy for the a proper citation in default? ANS: the remedy depends on the stage that youre in (then list: motion to set aside the order of default, mfr, motion for new trial, appeal & in some cases a pet for relief from judgment) Order citing def in default was issued beyond J over the Ct, thus wasnt at a stage wherein a responsive pleading my be filed Thus, SC said could raise an MTD on lack of J over the person Atty of P, certain that summons wsnt properly served, so what do you do? o File a motion for the issuance of an alias summons (=ANOTHER summons) [anything alias means another] o But def jumps the gun & files a MTD lack of J over the def
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o What do you do? Apply for an alias summons & see to it that its properly served o Service of summons cant be done primary service on the counsel o No need to attack the MTD immediately, there are other remedies when its clear that summons are clearly not served properly Other remedies to a trial judge when the o Can order amendment of the pleadings X being partial bec the MTD wldve been heard by this time Also so that the real issues on the matter will come out Complaint not drafted carefully, theres a failure to state a COA, MTD for failure to state a COA, opp: asking for time to amend, judgment rendered granting the MTD o Remedy: file a complaint (sep case) or go up & appeal o Filing a sep case is more pragmatic this way the merits of the case, rather than the issue of WON the judge gravely abused its procedural discretion

UP v CA UP filed an ans in intervention 2 UP profs filed a MTD for failure to state a COA Defense was academic freedom *draft a form, corresponding to the wishes of the client, in relation to the defense (previous final Q); sir dsnt repeat Qs he repeats form Form of freedom of expression this is what academics do wherein they state an opinion on the matter = this was the defense Raise this as an aff defense: bec theres a hypothetical admission but also raises a new matter o So to raise this to defeat the complaint, raise a new matter as a All matters that can be raised as an affirmative defense can also be raised as a MTD. FALSE There are new matters as an aff def that cant be raised as a ground for a MTD. TRUE There are grounds in a MTD wc cant be raised as an aff def. TRUE o Lack of J over the person Elizalde et aldid they have a COA in light of academic freedom? NO Ground of failure to state a COA is ground for dismissal in a motion o X ground wc says NO COA o Bec the nature of the MTD is to attack the pleading on its face (accept everything & claim smthn missing or accept everything & raise a new matter) & not to have the evidence presented to show that theres no COA o Can still argue no COA, but you need to have the evidence presented o Thus, under R16 can only raise a failure to state a COA
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While MTD of defs were denied, UP also tried to file a MTD wc was denied Possible for a def in intervention to avail of R16? NO, bec a responsive pleading has alrdy been filed o Bec the only pleading allowed after a motion for intervention is granted, is a pleading is intervention o Isnt this unfair? No, bec the intervenor isnt an orig party anyway, just a person who just has an interest of the subj matter of the case or has an interest in the success or failure of 1 of the parties A MTD cannot be filed after an answer. FALSE o Bec this is a generic MTD o So under the generic rule of motions, there may be MTDs that can be filed after an answer A MTD under R16 cannot be filed after an answer. TRUE o There are grounds that survive after an answer is filed, but the rules dont say that you can file these under R16 Orig parties: Elizalde, et al & Bailen & Salazar Case says UP v CA wc shows that this is a diff case from the orig case UP went to the SC, assailing the order denying the MTD & MFR of UP Earlier certiorari by the profs: assailing the order denying their MTD & MFR of the professors SC had a ruling of res judicata: o How could they have ruled on this if theres only 1 case Elizalde v CA? o What was the 2nd case here? o Cant be UP v CA bec it has nothing to do w the Tasaday hoax case o Other case here is Bailen v RTC judge wc ripened to Bailen v CA These 2 are 2 sep cases They arent ordinary civ axns but are spcl civ axns Certiorari & prohibition Bailen et al: 1st case, attacked the judge for denying the MTD UP v CA: attacked the same judge for denying their MTD SC: there was substantial identity of the parties (substantial identity = identity of parties) o The COAs were the same: that the TC judge gravely abused his discretion amtng to lack of J (R65) o But no identity of the subj matter Res judicata: reqs o Final judgment o By a competent Ct o Adjudication on the merits o Identity of the parties, subj matter & COA Parties need not be full identity, can be substantial identity Subj matter: o Elizalde assailing the order denying their MTD
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o UP assailing the order denying their MTD Order denying it wasnt issued w grave abuse of discretion bec: o Cant file a MTD after filing an ans o X ground of academic freedom in R16 To rem: rule 39,s47b res judicata Mistakes: o Filed a MTD o Used academic freedom as a ground o Knew the TC was correct o Elevated the case to the CA o Elevated the case to the SC

VITRIONICS COMPUTERS v RTC What Cts look at when litis pendentia is raised: o Identity of the parties, subj matter & COA o Examine WON the other Ct where the case is pending is a competent Ct Admittedly there was litis pendentia, the Q being raised was whether its the 2nd case filed or if its possible that its the 1st case that shld be abated? MTD was filed in both casesbut in this cases, its the MTD in the 1st case wc went up to the SC Normally, its the 2nd case wc is dismissed So Ct had to look at the viability of the 1st case The 2nd axn thatll be abated Gen rule: 2nd axn is the one wc is abated o Unless: the 1st axn is more for the vexation of the other parties o Or the 2nd case is the more appropriate one Tests: o More appropriate axn test Accessibility of the evidence, accessibility of the Ct to the parties & their attys o Interest of justice test There are other considerations other than the convenience of the parties & heir witnesses Here, the 2nd axn shldve been abated in favor of the 1st o Bec there were tell tale badges wc showed that the 2nd case was only to vex & was malicious o Badges of BF: actionable docums werent attached, counsel was rushing to file the case Is this acceptable? Bec of human error? Yes Doctrine: usually its the 2nd case abated in litis pendentia
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o Exception: unless theres evidence that shows that its the 2nd wc is more appropriate, or in the interest of the justice its the 2nd case wc shld be abated o However, none of the exceptions shall apply if the 2nd case is maliciously filed or done in BF Ex) 2 cases filed, MTD filed in both grounded on litis pendentia o Case 1 filed: def files a MTD for litis pendentia o Case2: files MTD for litis pendentia o Is there any assurance that bth Cts wont dismiss the complaint? Theres no assurance, possible that the 1st Ct will grant it bec of the 2 tests; possible that the 2nd Ct dismisses using the gen rule o Theres an assurance: the lawyer shld make a choiceby not doing so, hes defrauding the plaintiffs to the 2 cases (this is the only guarantee) Whenever a MTD is filed, the hearing on the grounds of the MTD shld be held Ct mandatorily hears the grounds, b4 asking a party to file an ans Can 1 compel a Ct to rule on the grounds immediately b4 gng to trial Ground is res judicata, raised as an aff def o Can the Ct say I wont check if theres a ground for MTDinstead lets go to pre-trial, then during trial well decide this Advantage of a filing a MTD: the hearing of the grounds raised in a MTD is mandatory, so the Ct may det if it is indeed present o And Ct may either order the complaint dismissed or can order amendment of the complaint when ground raised is failure to state a COA & theres a showing that there is really a COA If Ct finds a COA, cant they just rule on it & find for the plaintiff? NO, bec finding a COA & that there only a lack of the statement of ultimate facts is diff from adjudication on the merits Statement of an ultimate facts is diff from adjudication on the merits Adjudication of the merits: Ct decides on the issues raised on the basis on the evidence presented & if theyre relevant to issue o Looking at the issues in the case & determining whether the affirmative or denial is necessary by looking at the evidence o Merits: issued raised substantially by the pleadings MTD ground is res judicata: Ct grants it o Order granting this isnt an adjudication on the merits o 1st case: judgment rendered o 2nd case: MTD is filed, order declares theres res judicata Evidence presented here has nothing to do w a COA It ruled on whether there was a final judgment or not o 3rd case: MTD ground of res judicata to the 1st case Granted If its grounded on res judicata to the 2nd case cant do this coz no adjudication on the merits There are cases where theres an adjudication on the merits but no evidence is presented = R17
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Ct shld hear the motion 1st b4 the trial o Theres a forum for rcvng the evidence but its diff from that in the trial Res judicata isnt raised in a MTD but as an aff def, can the ct say we wont hear the evidence 1st but hear it in trial? YES o Coz rules say the Ct can treat the aff def as a ground raised as if in a MTD but its not mandatory, they arent compelled to do so Thus, adv of MTD is there will be a hearing on the grounds raised in the MTD & can det if the ground is present in order to deny or grant it o The hearing on the grounds wc are raised, MUST be held as soon as the hearing is held (so long as the notice of hearing is complied w) o It cant be postponed so that the issue of this fact is heard during triall Ex) Ct dismisses the complaint = order; 2nd case filed, can there be a MTD on the ground of res judicata bec of the order in the 1st case? o NO, bec there has been no adjudication on the merits = there was an opp to hear it Adv of raising grounds in a MTD as an aff def: if theres any dismissal of the case, and there was a trial, the order wc comes out, the judgment there shall forestall future adjudication/litigation = res judicata Res judicata = double jeopardy Looking at the evidence, weighing it & coming to a conclusion = adjudication on the merits Adjudication shld be on the merits, bt there are certain orders wc although dont weigh the evidence, but theyre given the status as tho they were adjudicate on the merits o R17,s1: if the plaintiff w/draws twice its a dismissal w prejudice for the 2nd case o S2 & s3 o R18,s5: failure of plaintiff or def to appear during pre-trial Why do these have the status of adjudication on the merits? Theyre orders w prejudice o Tho Ct didnt really examine the evidence, you can no longer file the case again o Bec theyre quite fatal, policy considerations outweigh the consideration that you get your evidence weighed by a Ct o S1: You cant trifle w Ct procedures o S3: fail to comply w the order of the Ct = every1 shld comply w such order, only exception is when you attack the order itself o R18,s5: pretrial is so impt to the entire procedure, that its the only moment that the party shld be there o If an order is granted as an adjudication of the merits, there was something wrong done by the counsel Evidence presented that res judicata exists has no relation to the evidence to prove the COA of the complaint So theres a hearing on the motion on the facts, but the facts thatll be rcvd are those relating to the ground of the MTD they dnt relate to the contents of the COA in the complaint Always look at how the judgment became final so you know what to do next o If its a technical dismissal only, expect a coming back
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o A dismissal, tho its a final order, dnst mean the other party can do smthng to remedy this March 19 Summary: Laus: gen rule MTD shld be filed b4 responsive pleading o Allowed here bec no valid service of summons, thus pd for filing a responsive pleading didnt begin to run UP v CA: ground was failure to state a COA o Lack of COA isnt a ground for MTD o Res judicata: reqs were stated Vitirionics: 2 tests for litis pendentia Gatmaytan v CA: adv of filing a MTD is Ct holds a hearing b4 gng to the issues of the case o Disadv: if case is dismissed, not prejudicial to the re-filing of the case o Adv of aff def: coz if dismissed, itll be an adjudication on the merits Ex) MTD filed, hearing held, evidence presented o What happens to it during trial? o Is it automatically reproduced? o Records of the hearing are automatically integrated in trial o Thus presentation of evidence in support of the grounds raised for the MTD, if not granted, the evidence is automatically reproduced why? There are sep dates for a motion & trial If grounds raised are thru an aff def, hearing for grounds raised need not be dne on a sep date = X mandatory Ex) MTD denied, w/in what time shld the answer be filed o W/in the balance of the time o But no less than 5 dys = absolute extension o To avail of the optimal 5 dy pd, when shld the MTD be filed? o Pd starts upon rcpt of the order of the denial by the def o Possible that the plaintiff rcves it later from the def? yes, but time counted from the defs rcpt o To have 20dys, when shld the MTD be filed? (so that youll have an addtl 5 days after the 15dys to file an ans) on the 15 th day o If file on the 15th day, and MTD is denied, the def has 5dys to ans frm the rcpt of the order denying the MTD o If MFR is filed, and its likewise denied, ans may be filed 5dys frm rcpt of the order o If attack the order denying the MFR, you shld also attack the order denying the MTD Dismissal of Actions: R17 if dismissal granted under R16 & R17, the effect is the same
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plaintiff can never avail of R16: FALSE o bec plaintiff can file a responsive pleading wc is the ans to the counterclaim o so possible for plaintiff to file a MTD attacking the counterclaim o *counterclaim is an initiatory pleading wc brings the COA against the plaintiff R16: generally available to a party who is reqd to file a responsive pleading o CANT be for a def in intervention (UP v CA) R17: remedy of the complaining party plaintiff, co-party in cross-claim or def in his counterclaim o For remedy available to the complaining party for the dismissal of the case Every remedy available to a plaintiff, also available to the complainant in the counterclaim. TRUE o Ds the def have 2 identities here? Yes, 1 as the def to the complaint, 2nd is as the complainant/plaintiff in the counterclaim R17 available to the complaining party Wc is allowance for the plaintiff to w/draw from the complaint? S1, R17 o What abt s2? Isnt it the same as w/drawal? o Wo any consequence in s1 o Ex) options if the parties enter into a compromise agreement after the filing of the complaint Allow me to file an ans then lets enter into a CA then have Ct recognize this or Shortcut the thing by filing, plaintiff & def can file a joint motion for the recognition of a CA Ct can only check if the agreement is in accordance w law, good morals, good customs, etc = this is the only level of discretion o Can the def & plaintiff be authors of the same motion? Rules dnt prevent this o S1 dnst req a compromise bec this will entail anthr procedure S1 & s2 gives allowance to the plaintiff to w/draw his complaint o Policy reason behind this: recog that there cldve been a mistake dne, or that theres no real case, rather than persist & waste time, btr to w/draw the complaint o Yes, time has been wasted, but why waste anymore time o *desistance: in crimpro only (but only recognized in practice, its not in the rules) o S1 & s2: just allows the plaintiff to w/draw allows the complainant to stop its persistence plaintiff is allowed to save face o *the sme way that default ds for defendants = default allows him to save face Difference is bec of the difference of conds: o In s1: theres no responsive pleading or motion for summary judgment Bec theres none, the procedure is by notice of the plaintiff only Ct has no other option bec theres no investment yet by the def Importance of the responsive pleading/summary judgment:
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There will alrdy be commitment to the issues tendered by the ans (tendering an issue: Q of fact or law has been given to the judge) *an issue is presented if there is an allegation of a fact & theres a spcfc denial of such fact = issue of FACT o To resolve such, the judge has to get evidence to support its contention to support whether it shld side w the allegation or the denial The ans commits issues alrdy, so you alrdy define the parameters By answering, the def & plaintiff alrdy commits to the framework of the trial Motion for summary J: X an ans but is a kind of motion wc challenges (by the P in this case) to actually present to the Ct that there are evidence that support its allegations constituting a COA If the def accepts the allegations in the complaint as hypothetically true, theres no need to present evidence o This is what happens in a MTD remedy is dependent on the existence of other things rather than the merits of the case *on the merits: the Ct has to decide the issues on the basis of evidence presented Ex) of a breach of contract o 1st allegation: contract entered into w the parties for the sale of the contract of land o 2nd: theres a consideration o 3rd: there was a mtg of minds o 4th: agreed that the price wld be paid o 5th: payment had not been made These are the ultimate facts for the COA th o 6 : demand was made This is not part of the COA but part of the cond precedent o B4 an oblig becomes demandable after its due, need to make a demand Ans tenders issuesit may deny these allegations o Bth the allegation & denial dance it, they play w it = results in the WON o In trial: evidentiary facts will be presented to guide the judge in making his decision o Responsive pleading sets it up for trial Thus, not set-up so Ct allows plaintiff to just notify & remove the complaint o In s2: after theres a responsive pleading or motion for summary judgment w/drawal only by motion after ans is filed, Ct is granted the option to look at the issues of the case & may not grant the w/drawal bec the def has alrdy invested & the Ct may Ct is granted sme discretion not to allow the w/drawal esp if CC, CrC, etc have been filed S1 & s2: plaintiff acts to w/draw s3: dismissal due to the negligence of the P
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o unreasonably fails to appear during the time of presentation of his evidence in chief evidence in chief: P presents its line up of witnesses, then evidence in chief of the def, then evidence in rebuttal youre supporting EACH and EVERY allegation that you made opposite of evidence in chief: rebuttal evidence attacks each & every pc of evidence presented by the other party goal is to destroy the evidence of the other side o if P fails to appear at time of presentation, can have the case dismissed = w prejudice (no 2nd chances) its a maj neglect youve engaged, you shld be ready at the beginning of trail since the entire sys will crumble if the P in the 1st place ddnt have evidence during the trial o *P shld know that he has the evidence evn b4 he files the complaint, b4 he formulates the COA, b4 he commits to filing the axn Lawyer shld look into whether theres evidence to support the claim b4 you accept You dont get evidence after filing the complaint = holding your breath is the worst strategy o Neglect of the P: unreasonably fails to prosecute Coz delay means P not ready Ideal is that the P is ready b4 the filing of the complaint Have the evidence & PRESERVE the evidence *why ds trial start yrs after the filing of the complaint: bec of the # of cases & bec of the procedure itself = wc is natural in the kind of procedure that we have (ex. the filing or sending of pleadings thru registered mail) *look at the trial calendar: there are 20 cases or more listed (all cases shld finish by 12n) Sme for motions Sme for trial So cant occupy more than an hour bec there are other cases If need to examine witness at length, can ask for a continuance but youd have to look at the free time of the Ct (wc at the least will be 3mos) o dsnt allow the P to unreasonably delay the case for an unreasonable length of time o violation of ROC or Ct order s1 & s2: no fault, wo prejudice o but s2: there will be prejudice to need to be very sure about this s3: w fault, so w prejudice the 1st time motion for summary judgment: o its not an ans/responsive pleading, just a motion o role is to go beyond the allegations contained in a pleading o why ds this operate the sme way as an ans?
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o Ex) MTD r16, assuming everything to be true, I have a docum wc waives your right/assuming everything to be true, the Ct has no J over the claim o Its in the nature of confession but avoidance o You dont ans the Q but u still get dismissed bec you dont ans the Q o Assumes that the P has no genuine issues o Movant files counter-affidavits to show that theres no evidence supporting the COA o Goes beyond the allegations = wc is why its summary judgment o Opp to the motion will file the affidavits containing the evidence containing the COA o Theory is: bth parties shld have no tech/procedural adv = full transparency Bth shld have access to all relevant info o Thus, for purposes of s1 & s2, its as if the other party had done the work & is ready to present the issues Problematic area: counterclaims o S1: there can be no CC bec the notice is given b4 a responsive pleading is filed o S2: CC wont be dismissed unless w/in 15dys from the notice of the motion, he manifests his preference ot have his CC resolved in the sme axn If theres no expression of interest, the CC is resolved in a sep axn Bec of the wording that the def manifests w/in 15dys that it wants it tri No decision on the merits o S3: Ex) P fails to appear for presentation of evidence in chief, def has a CC, he moves to have the complaint dismissed under S3,R17 Only effect of a MTD is a declaration that the party is non-suited By CC isnt dismissed Ex) P files a complaint, def files an ans, no CC, P fails to appear & has unreasonably delayed the prosecution of the case & violated the oder of the Ct Def moves for dismissal granted Def then files a complaint for malicious prosecution agnst the P. grounded on abuse of right, allegation is the fact that the mere fact of filing of the complaint was malicious enough Orig P moved to dismiss Can the def in the 2nd case file a MTD & on what ground? Malicious prosecution = was a compulsory CC, not set up in the orig ans wc it wsnt o Compulsory if apply the logical rel test Thus, when used as a basis for a subsequent axn R9,s2: may be invoked/raised in a MTD o Compulsory CC or crossclaim not setup is deemed barred
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MTD shld be based on bar by prior judgment or litis pendentia here its prior judgment If CC is set up correctly in the ans, effect to of the dismissal of the Ct they wldnt have dismissed the CC But since it wsnt set-up, not possible to file a complaint for malicious prosecution

DEFAULTS LIM TANHU v RAMOLETE ABCDE enter into an agreement & decided to create a grocery store What happens to the partnership if E dies = P is extinguished Widow(E1) of E files an axn agnst the others after the dissolution of the P, E1 wnts to get he share of E A B file an ans C D dont appear Service of summons is proper E1 moves to dismiss under R17,s2 agnst A B wc the Ct grants o E1 moves to w/draw the complaint against them Ct cites C & D in default under R9,s3 o Moves to cite them in contempt, order issued, ex parte presentation of evidence, thus judgment against C & D RTC: rules in favor of E1 & has ABCD shld pay E1 the proceeds of the dissolution of the P Whats wrong w this? o w/draw from AB so that no ans is deemed filed so that he can proceed against C & D to cite them in default SC: ans filed by AB shldve been considered in favor of CD Theres only 1 COA, but several defs Theyre indispensable parties the absence of 1 renders the Ct wo J over the case bec all partners are liable to ea partners Ex) change the facts o If D cldnt be found & hes in Timbuktu, so summons & complaint isnt served on him o AB filed an ans; C defaulted, judgment for default o Judgment for default is null & void bec had no J over D who is an indispensable party o ABCD are under the same COA SC: grave abuse of discretion to allow the w/drawal against AB & to cite CD in default notwithstanding that there was alrdy an answer Amendment in rules: o If theres a common COA & sme parties ans, ea of the parties will stand if they had filed an ans o Simple if AB file an ans jointly, more complicated if they file their ans separately Ex) tires ABCD buy tires separately but they are co-owners o Bought the same things, but diff time o Diff contracts but arent indispensable to each other
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Ex) summons served on march1 properly, april 30 motion to cite the def in default filed by the P, judge denies this (ground: took the P more than 2mos to file the motion), MFR pet filed w the SC if theres grave abuse of discretion rule on this o Grant! Bec nothing in the rules wc req that the motion to cite the def in default shld be the day after the breach Ex) on march 1 summons & complaint served properly, march 30, def files an ans, april 30 P files a motion to cite the def in contempt; Ct rules on this: denies bec delay in motion to citing in contempt, theres an ans alrdy even tho late o Pet for certiorari shld be denied bec the judge was correctthere was alrdy an ans o Remedy against a ate filing of a responsive pleading is to file a motion to cite the person in default for failure to this immediately, its waived o Btwn a procedural point & merits of the case, judge will rule for the merits o Nthn in the rules wc says ans shld be filed w/in 15dys otherwise is not admissible R9,s3: remedy of the complaining party in order to call the attn of the Ct that the responsive pleading wsnt filed on time Rule: so long as theres proper service of summons, the Ct declares the person in default Effect: can no longer participate, not even to file any motion, but is entitled to notice of the proceedings o Like sports: can watch the game/proceedings, but cant play/participate o But CAN FILE a motion to set aside the order of default b4 judgment o After judgment: def is given all the remedies of a party who hasnt defaulted Rules on default DONT penalize the def Hes allowed to default as a way of saving face = not contesting o Ex) if faced w a complaint w truthful allegations, instead of incurring some cost & not contest it, ROC allow him not to appear wc means that the P shld go forward o Crim pro federal rules: non contende = im guilty Default is a proper strategy on the part of the def they simply want to admit This explains the rules under default o Ex) judgment cant exceed the amnt asked for in the complaint or diff from the relief prayed for Terms of reference in default is that the party didnt appear maybe bec it accepted what was in the complaint Had default been a penalty, rules wldve allowed the Ct to grant a higher form of damages/amnt Default is not allowed in annulment of M or leg sep o Not allowed bec the law prevents it o Stat prov is there, to protect the interest of the state (?!?) Hence, all the pleadings & motions shld be given to the party who dsnt want to participate, bec it might what later on to come in Old rules: only substantially amended pleadings & judgments will be provided to the party New rules: all pleadings & motions shld be furnished to them After judgment: since its a diff ball game, the def loses its status as a defaulted party & can take all remedies of a party who hasnt defaulted o Ex) MFR, motion for new trial, appeal, pet for relief from judgment
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Prior to judgment: he accepted the parameters of the complaint To set aside the order citing the def in default: o Motion to set aside the order of default grounds: fraud, accident, mistake, excusable negligence o Fraud: fraud wc happened after the filing of the complaint Fraud committed on the other party after complaint was filed wc prevents the party from participating in the case Ex) sheriff was paid by 1 of the parties to change the venue Fraud shld be = EXTRINSIC FRAUD (fraud wc happens to a party wc works to remove the party & make it incapacitated to participate) Only called extrinsic bec the other is called intrinsic Vs Intrinsic fraud: fraud alleged as part of the COA Fraud in the COA Need to allege the facts constitutive of the fraud (reqd under R15 & R9) what if facts arent known to the movant/def, but known by anthr party who is known to the def, so the motion to set aside the order of default, cant be under oath of the party so need to attach an affidavit of the person knowing the facts called as part of the affidavit of merits technically spkng, the affidavit of merits is the part of the motion declaring that the def has meritorious defenses rather than proving FAME 2 things needed: FAME: go into the procedure o Has affidavits to prove FAME o Has no relevance to the meritorious defense Meritorious defense: goes into the substantial argument of the def if hes allowed to participate agn o Affidavits as meritorious defense has no connection w the affidavits for FAME o Reqs sep affidavits containing evidence supportive of potential denials Thus there are sep set of facts for the FAME & he meritorious defense o Motion to set aside shld have affidavits Commentators lump all the affidavits together & call it an affidavit of merits (all the affidavits supportive of a motion to set aside an order of default/new trial/relief from judgment) But sir: the affidavit of merit just refers to the affidavits for the meritorious defense o Addtl req to a party cited in default (as compared to a party who files an ans) Filed an ans: just state substantial defenses Cited in default: 1st explain why you didnt file o Motion to set aside an order of default: Its a simple motion alleging the FAME & the meritorious defense, attached are the affidavits supporting the claim for FAME & the meritorious defense
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Motion to set aside order: file any time b4 judgment Why after judgment isnt a motion to set aside not available anymore? o If after judgment, the motion will be useless & its a final act of the Ct unless theres a MFR, it terminates the axn & Ct can do nothing else o So judgment is considered a terminal order, its a final act so need to remove this 1 st b4 anything that comes b4 the judgment o Once theres a judgment, door closes to what happened b4 that to challenge anything, need to open the door thru MFR/new tria/etc to go back to anything behind the door. Or raise the entire thing to a higher Ct o Motion to set aside will be a superfluity o So only remedy after judgment is: MFR R37, motion for new trial R37, appeal or pet for relief from judgment under R38 Motion to set aside: what is being attacked is the order of default MFR/motion for new trial: whats being attacked is the judgment o Disadv over a motion to set aside: can no longer present evidence (exception: newly discovered evidence) & have to accept the evidence alrdy presented ex parte by the P o Cant re-present evidence as freely as you couldve during trial o New trial: only to the extent of newly discovered evidence As soon as the ultimate facts exist, the evidence wdve been created, only prob during trial is to know it or ha After trial, cant have new evidence = means it manufactured New refers to the act of discovery = Old rules: ex parte, cant go directly to judgment New rules: ex parte presentation of evidence or Ct can go directly to judgment Jurisprudence: Clerk need not take a sep oath to rcve evidence ex parte, rcption of evidence may be delegated to the Clerk Evidence presented ex parte wont be affected by the motion to set aside evidence wont req cross-examination bec the evidence is considered valid

In default VS as in default in default R9,s3: o No penalty involved o Penalty in terms of the negative effect of the rules as in default R18, s5: o There MUST be ex parte presentation of evidence o Ct can grant damages or reliefs other than that contained in the complaint o Why called as in default? Pretrial happens after the last responsive pleading has been filed There can be no pretrial wo responsive pleadings
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So you cant presume what you presume in default, wc is that the def accepts the entire complaint Theres now an indication as to the position of the def, only reason hes not allowed to participate is bec he ddnt attend pre-trial Applies to the parties & their counsels

PRE-TRIAL CALTEX v CA If the party is a corp, how will they appear? How ds a corp appear during pre-trial? R18,s5: (R18,s2) Purpose the court shall consider: The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; The simplification of the issues; The necessity or desirability of amendments to the pleadings; The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; The limitation of the number of witnesses; The advisability of a preliminary reference of issues to a commissioner; The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefore be found to exist; o Judgment on the pleadings is proper when there are no matl issues are pending there are no substantial ultimate facts bearing on the COA or the cond precedent wc the def denied; although the amnt of evidence presented may not be substantial The advisability or necessity of suspending the proceedings; and Such other matters as may aid in the prompt disposition of the action. Defining the issues of the case Such that, pre-trail order substitutes for/summarizes the It controls the course of the trial = only the issues tackled in pre-trial shall be discussed or tried in trial (it defines & limits the issues to be tried) For a pre-trial order to state the issues of fact, is this the same as the order wc states the facts of the case? o Facts enumerated are only those wc have been agreed upon by the parties during pre-trial (parties may agree to statements of certain facts either ultimate or evidentiary facts [ex. there was a demand lttr sent; yes, there was, but it wsnt sent by the def) or the admitted facts (means not spcfcly denied, so effect is its admitted) Pre-trial order in relation to the pleadings: pre-trial order governs over the pleadings since theres a possibility that the parties have agreed to certain things, since this contains a summary of what transpired Why do the parties & counsel need to be present in pre-trial? o Bec the everything to the principals interest is settled in pre-trial
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o Counsels may do it for them bec they have the pleading to refer to o But agreement of the issues isnt just a tabulation of affirming or denials, you can negotiate as to what may be agreed to this cant be done by the counsel alone, they need to consult their clients o Thus parties & counsels have to be present If absent, R17,s3 applies = dismissal For def, R18,s5 = will be declared as in default (like it was in default, but not really in default) Pre-trial: judge tries to shape everything, so that the min req for trial will come into being o Summary in nature o Its a conference that happens btwn the parties o Judge who wants to manage its docket well, shld be good w pre-trial Parties need to be present bec the auth of counsel is only for adjudication Only thing you refer to (FYI in trial), is the pre-trial order Parties shldve submitted a pre-trial brief o This dsnt contain all your evidence, jst indicates what youre evidence is in order for the judge to know you have some supprt o Structured in the sme way: Availability to amicable settlement (all briefs contain this)subject to the satisfaction of the interests of the parties Documentary evidence, witnesses Our availability for trail (refers to counsel) What they want from the other parties, etc o Wc means youre ready to go to trial at the stage of pre-trial o If parties need to be present, natl person can be there But rules allow them to be absent if he FULLY authorizes some1 else to be there SPA wc contains name of person representing, enumerates power to: Enter into amicable settlement Stip of facts Alternative dispute resolutions Sme lawyers do, they alrdy get this just in case theyre absent but conditions at the beginning are diff from when its time for pre-trial What abt a corp? what is reqd? o The ofcr named in the articles of incorporation or in the by-laws o SPA created by resolution of the board of directors spcly issued by that purpose

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Ex) complaint filed on March 1,2006; march 5 P files a motion to amend the complaint, summons is properly served; def dsnt oppose the motion to amend, Ct hasnt acted on it; March 30 the P moves to cite the def in default & opposition is filed by the def, that its not mandatory for the def to answer the complaint bec theres a motion to amend rule on the motion to cite the def in default (grant or default) o Amendment prior to filing a responsive pleading so matter of right o Motion to amend was not essential so the Ct was correct in not acting on it o Thus, the defs time to answer started to run in march 2 o Thus, if no responsive pleading is filed, the P may file a motion to cite the D in default o Therefore, grant the motion D is in default Ex) march 1 complaint is filed; March 5 ans if filed, is it still relevant to det if summons was properly served? o NO need for any reasonbec D voluntarily submitted to the J over the Ct o Determination of proper service of summons is necessary to know: If Ct acquired J over the person Completion of service is necessary for the computation of the time pd o March 6 motion to amend the complaint is filed granted by the Ct; order granting the motion is issued & served on March 6 when shld the amended ans be filed? By March 16 o Amended ans wsnt filed on March 16 or March 30thus P files a motion to cite the D in default rule on the motion o DENY bec a responsive pleading has alrdy been filedD may not be declared in default & the ans to the complaint is a responsive pleading Bec of R11, s3: an ans earlier filed may serve as the ans to the amended complaint if no new ans is filed Thus a motion to cite him in default wont prosper Ex) D moves to dismiss the entire case ground that the P hasnt mved to set the date of pre-trial and its been 6mos since date of last pleading filed o GRANT, bec its the duty of the P to move ex parte that the case be set for pre-trial o Ct will only know that the last pleading has been served & filed, only after the motion of the P ex parte sets the date for pre-trial o Clerk may issue the date but its the look-out of the P to set the date of pre-trial = he shld move the Ct to set the date of pre-trial o Last pleading prior to pre-trial: depends on whether there has been a CC, Cross-claim, 3rd party complaint If theres no CC, last pleading wil depend on WON theres an affirmative defense If no aff def in the ans, the last pleading is the answer o P shld move for pre-trial after completion of service & filing of the last pleading o Theres nothing in the rules wc state w/in how many daysrules just say promptly Ex) Day after the ans is filed and served, P moves ex parte to set the date for pre-trial, D after rcvng a copy of the motion, files an amended answer wo leave of Ct - is the amended ans properly served?
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o Depends on when the amended ans was filed if w/in 10 dys, its a matter of right o Will the motion of the P vacated? D can say that the P cant set the date yet bec the Process to move for summary judgment: Who can move for summary judgment: bth parties o P can only move for this after the service of the ans o D can move for this prior to filing an ans or even after Spcl notice req: o 10 day pd: notice shld be served 10 dys prior to the hearing (in ordinary hearings only 3dys) o Accompanying docums: supporting affidavits, w the motion Do ordinary motions need to have these accompanying documts? No, s3 states that only if reqd by the rules or necessary to prove facts alleged therein o Ordinary motions, the evidence are 1st presented to the other side on the date of the hearing of the motion evidence supported of the grounds, raised in the motion, attacking a pleading or the order will be heard = this is when the evidence is presented Ex) motion filed March 1 tues, during hearing of the motion on March 4 fri, movant presents the evidence supportive of extinguishment such as a rcpt wc is sponsored by a witness wc is shown to the judge & the other party for the 1st stuff Hearing on the motion The evidence presented during the hearing of the motion, is diff from the evidence presented during the trial o Exception: motion to set aside the order of default - where evidence is alrdy there attached to the motion (affidavit of merits) Evidence is alrdy present & attached in the form of affidavits or documentary evidence wc will be presented when reqd o What do they prove? These are evidentiary facts wc prove that THERE IS NO GENUINE ISSUE Diff from a motion on a judgment on the pleadings? o Motion thats filed is an ordinary motion o No factual issues arise o The ground for judgment of the pleadings is bec theres no genuine issues as to any matl fact DSNT mean absolutely no issue There may be some issue, but they arent matl enuf to det whether there is a COA No genuine issue (motion for SJ) vs no material issue (judgment on the pleadings) o Genuine issue: an issue of fact wc calls for the presentation of evidence Although there are issues tendered, the evidence will tend to show that there will no credible evidence to support the position of one of the parties There may be issues tendered by the pleadings, however, theres a gamble by the movant wc is to challenge the other side to show that there is evidence when theres actually none
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o Matl issue: Applies to judgment on the pleadings Ex) contract of sale; ans under oath denying the par that states theres a contract of sale o This is a matl issue, therefore CANT move for judgment on the pleadings bec there is a matl issue tendered o If that part is admitted, the prov req payment is also admitted, non-payment & demand is also admitted Can you move for judgment on the pleadings? Yes, no matl issue o If persons capacity to sue is denied judgment on the pleadings? Yes, bec this isnt a matl issue & everything else was admitted o Ans denied par abt the contract no such contract motion for SJ, what cld be the evidence presented by the P to prove this allegation? What evidence may be presented to prove this? Rcpts of prior payment of the contract Pics of signing the contract, etc P gambles, wo pre-trial, immediately files a motion for SJ Motion for SJ is an attempt at a short-cut = its summary bec its abbreviates the entire procedure o Summary dsnt mean a synopsis of everything o Summary means a short-cut = reduces the steps of trial At an early stage the party is attacking the other party wc shows the other party can prove his allegation GENUINE: means it can be supported by some evidence If evidence is only the same contract of sale, what can be the ruling on the motion for summary judgment? o Can be denied o Ds this mean that the def was right all a long? NO bec the controversy to be settled isnt the merits of the evidence but whether there is evidence or none After the filing of a motion for SJ, options of the judge: o Deny the motion o Grant the motion Partially Or entirely Partial summary judgment o There can be no full SJ, there are certain matl fact Ex) complaint has 2 COAs: 1st on violation of the contract, 2nd is on tort the 2 COAs arent related, except that the parties are the same = can the 2 COAs be joined in the same complaint? o Yes, R2,s5 o Motion for SJ filed by D claiming theres no evidence for the factual allegations on bth COAs o Order of the Judge: 1st COA no genuine issues, 2nd COA there are genuine issues Thus only partial grant of SJ
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1st COA is dismissed 2nd COA goes to trial o No appeal is taken on the 1st COA is it executory now? o GUEVARRA V CA: a partial SJ isnt a final & appealable judgment but merely a pre-trial adjudication that said issues shall be deemed estabd for the trial of the case o Can an order granting partial SJ be appealed? It depends on whether the 2nd & 1st are so intertwined that there are common evidence For so long as not related to the 2nd or other COAs, the order granting partial SJ can be appealed o Gen rule: NO o Exception: when there are common evidences for bth COAs Partial SJ may be of diff kinds o May be only wrt certain issues Can say theyll hear the issue 2 & 3 of the 1st COA Partial SJ: U rule on 1 issue & declare it to be not genuine, but the other issues are & cont to hear on that Summary: o SJ entire case dismissed = can obviously be appealed o Partial SJ; only on an issue & not the ENTIRE COA = CANT be appealed bec the COA & other COAs have to go to trial Cant sep the COA o Partial SJ: if entire COA is decided it depends If eveidence supportive of the 1st COA will support the 2nd If unrelated, the 1st COA shld be appealed in 15 days from dte of the order of partial SJ If related, it CANT be appealed until case is terminated SJ has spcl rules bec they have spcl effects So why is it called a motion? o Bec the Ct dsnt decide if the P or def wins o Ct can decide to grant or deny the motion, but cant decide if the movant wins or loses o Party wc files a motion for SJ, if denied, hasnt lost the case * motion to cite the def in default: success in this only means you move thru a detour R9,s3 wc means ex parte presentation of evidence or jump to judgment

FINAL & INTERLOCUTORY ORDERS If Ct acts, like in a judgment, after a judgment, the Ct declares whether the P or D win, when the Ct ds this, he can do nothing else (cant be a qualified judgment) = this is an order/decision of the Ct wc takes the nature of a finality o So TC is dne
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Only way it can be opened is optional to the losing party Movant for recon or new trial can ask the TC to take a look agn This judgment = last thing Ct ds may be appealed Ex) order granting the MTD final order bec the case is done & CAN be appealed Order denying the MTD, Ct is still not dne coz theres still a filing of an ans, pretrial,trial Motion to cite the def in default order is issued by the CT wc isnt final in the sense of the judgment, theres still something for the CT to do wc is to sit in trial = the Ct isnt done yet o But it issued an order, it decided but the decisions isnt on the entire case o Since there are still things to be done this CANT be appealed o Its not a final order, its an interlocutory order = an order in midstream *appeal: entire records of the case is transmitted to the superior Ct o Rem this to rem what can be appealed o If all the records can be transmitted to a higher order cant just transmit half of the records o o o o Order granting partial SJ this is the in-btwn o If only rules on 1 issue & not all of the COA = cant appeal bec not final o If rules on a COA & says there are no genuine issues = if its not related to another case, can sever this & bring it on appeal since it wont affect the adjudication of the other case Hence the qualifier that if the evidence is related to the other COA/case, CANT be appealed Order granting SJ in its entirety = can be appealed Can you file a pet for certiorari (R65) if appeal is available? No, bec there are other remedies o Can only do this when everything else is closed o Cant break the door if you have a key Motion for SJ, entirely denied remedy: o If D who filed: file an ans o If P: set the date for pre-trial & go to trial

PRE-TRIAL Corp appears thru a SPA issued by the BOD or if the person appearing is auth under the by-laws or orders of incorporations (Caltex) Duty of the parties shld file a pre-trial brief b4 gng to pre-trial What ds a pre-trial brief look like? Can it contain a statement of the party that its not amendable to enter into an amicable settlement? YES o But in practice, always state willing so that you wont seem like a demon to the judge Contents of the pre-trial brief?
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o A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof; o A summary of admitted facts and proposed stipulation of facts; o The issues to be tried or resolved; o The documents or exhibits to be presented, stating the purpose thereof; o A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and o The number and names of the witnesses, and the substance of their respective testimonies. Diff of pre-trial conference & pre-trial: o Pre-trial conference: conducted b4 the clerk of CT Clerk ds the nitty gritty you eat up the clerks time Clerk reports to the judge & judge reqs further from the parties addtl statements of facts, etc Idea behind this: so that the pre-trial wont take up too much time of the judge o Pre-trial: o *appearance of parties & counsels are mandatory here unless theres a SPA allowing representation

RULE 20: CALENDAR OF CASES Clerk keeps the calendar of cases for pre-trial, trial, etc Wheres the calendar found? o 1 is w the clerk & 1 is w the judge o Calendar is found at the entrance of the Ct (on the door) Its here so that you dont bug the clerk Preference in the calendar: o Habeus corpus cases o Election cases o Spcl civil axns o *are scheduled 1st but dsnt mean they proceed 1st to the trial (depends on the readiness of the counsels) Dates are submitted by the counsels, must they indicate the name of the witness along w the dates not necessarily o Leeway is give to the parties for the order of their presentation of evidence If theres a claim for attys fee, present yourself bec you have to prove the amnt of attys fees Can you call on the adverse party as hostile witness: o Old rules: yes o New rules: no, unless you have interrogatory ____ So serve discovery procedures on the other party Cant call them as a hostile witness unless youve done discovery on them
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If move for continuance on the trial day, you lose a day for presentation of your evidence

RULE 30: TRIAL Grounds for continuance: o Absence of evidence o Illness of party or counsel Motion shld have proof that theres a disease debilitating enough that they cant be present Can continuance be granted if the counsel is present but parties are present? YES, in civpro so long as opp to be heard *crimpro: not allowed, accused shld be present Opposing party appears at 8am & opposing counsel say the evidence is unavailable or absence of evidence what can you do so that the other evidec o Stip on the evidence of the witness: State b4 the Ct that youre willing to stip that if that witness is presented to the CT & will say a..bc bec the witness isnt probably essential or that the opposing counsel probably dsnt have other witnesses Ex) if witness is only the notary public RULE 21: SUBPOENA 2types: o Subpoena ad testificandum To compel a party to appear Only to testify o Subpoena duces tecum To bring the docums Based on rules of evidence: docums dont testify, docums shld be presented to the Ct wc SHLD be sponsored by a witness knows of the docum, knows of the things in the docum So its still a specie of subpoena ad testificandum Ex) Subpoena issued, how can the witness not appear? o If subpoena isnt given to the warden o If served in excess of 100km from the residence to the Ct Reasonable means of transpo is followed Dont follow a straight line = follow the normal roads If S cant be reached to anyone b4 the kilometrage when can Ex) prof roque wants to sue the ofcls of the DAR, but witness is abroad how do you get the witness to testify? o S is out of the question
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o So get a deposition = a discovery procedure Shld be b4 a notary pub or consul o Or letters to US Cts for them to assist in taking the deposition wc will substitute the testimony Quashing of the S: o If unreasonable & oppressive UNREASONABLE = Testimony isnt relevant Dont judge the weight of the evidence, you judge its relation to the issue So just show that its not relevant to the issues in the case OPPRESIVE = testimony is simply cumulative, will simply repeat the testimony of the other other witness So might have BF or malicious o Quash coz testimony will violate a consti right of the witness But difficult to win this Bec will have to appear in Ct and P & D have a right to have a S issued Pre-trial order issued during trial, an order of trial is issued Order of trial: o Evidence in Chief = Presents the evidence of the issues wc constitute his COA P presents his evidence D presents his evidence o All those w claims will present o Then those w responsive pleadings o Evidence in rebuttal P D: when def ds this, its called sur-rebuttal evidence Ex) contract of sale example o need to present certain witnesses & certain pcs of evidence o contract of sale; present P or other witnesses o set of witnesses: sme will talk abt what they know, other will sponsor only youre free to present your witnesses in the order that you want when you go to the presentation of evidence o trial technique: start w your strongest witness = star witness, & then end w your 2nd strongest witness you only have 1 shot at it, so make sure you test your witnesses o presentation of docums make sure its interesting o usually takes a span of 1 yr: thus even if youve planned in advance, possible for 1 witness not to be present, so be ready w the others o witnesses: formally offered when presented
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o formal offer of documentary evidence: each documentary evidence needs to be marked this is whn the other side objects to the admissibility of the docums & Ct makes an open ruling on such o after this, the P rests o at this stage: def has 3 options go forward comes out w the 1st witness def says im not presenting evidence at all dangerous bec burden of proof is only preponderance of evidence (that the evidence of 1 is btr than the other) you cant rely on a presumption of innocence on the party of the D file a motion for demurrer to evidence demurrer = latin for to dismiss motion to dismiss on the basis of evidence but we call it a motion to demurrer to evidence DEMURRER TO EVIDENCE MTD r16 & demurrer is a remedy of the def diff from a MTD under R16: o R16 theres a hypothetical admission of the facts You assume that the facts are true o R33 Demurrer: theres NO hypothetical admission Basis of dismissal is that the evidence isnt sufficient to support the COA Def relies on the fact that the evidence presented CANT support the COA D says even w all the evidence presented, its not sufficient to estab proof of the COA Youre asking for an adjudication on the merits *Diff from SJ bec: evidence isnt formally presented just says the evidence you can show will prove the P has no evidence at all P can avail of R33 only wrt the CC filed against him No necessity for leave of Ct If denied, D can still present evidence wo need for leave of Ct or *cripro: if dnt file leave of Ct & Ct dsnt grant leave, can still file demurrer of evidence, but if lose, can no longer present evidence Why wld the D want to file demurrer? o Value: you get free advice from the judge who will say if the evidence is enough or not If its enough, youll entice the judge to tell you hwy the evidence is strong & will tell you how to focus on what to present in your presentation of evidence (consistent w the pre-trial order)
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Be strategic such that in case you lose, the judge will give advice accidentally o Craft it in such a way that the judge will explain why your demurrer lost o Make a credible attempt, cite all the cases you know thatll interpret it in such a way that youll win, if you lose then the judge will have to present his own cases (wc will be useful to u) Ex) Case is strong on the pt of existence of the docum bec witnesses are unimpeacheable, so focus on the other issues no sense beating a dead horse R33 claims the evidence isnt sufficient o If granted = order granting the demurrer is final o If appealed, o If denied = you still have the right to present evidence

Witnesses: (make sure you brief the witness - can be spcfc abt the Qs youre gng to ask) Witness of P: o P ds a direct examination, D re-cross examination o P re-direct, D re-cross examination Witness of D: o Direct examination of D, Cross-examination of P o Thus, at a certain pt you wont be the one wholl The time you present your witness shld be when your witness is at peak Fact sheet presented After trial, judge retires Case is submitted to the Ct Judgment will come out after awhile US: there are closing arguments o Seems to be implied in our rules o Bt NO opening statements trial starts w the opening witness (your honor, may I call Ms X to the witness stand) o Option is to file a memorandum wc states all the factual issues & for each factual issue it lists the evidence & witness presented & what youre trying to prove w all of this o Memorandum = Its a mini decision W the submission of the memoranda case is submitted w decision Judge renders judgment = then yore thru w round 1 March 20 Summary: Motion calling to the fact that the evidence presented by the P is insufficient to support the COA = demurrer to evidence
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Motion for judgment on the pleadings: after an ans has been filed o That there are no matl issues They arent matl enuf to det whether there is a COA o If there are no issues tendered, bec the other side admitted everything o 3 dys notice o No need for any further presentation of evidence o No matl issues! o You look at the pleadings only, no more facts apart from the allegation & denials Motion for SJ: filed to challenge the other party that there are no genuine issues o Opposition to the motion for summary judgment shld be filed at least 3 days prior to the hearing Other req This is so that bth sides have alrdy submitted their pleadings o Genuine issue: means it can be supported by evidence o There may have been issues of fact tendered but this cant be supported by evidence Ex) allegation that theres a contract of sale & spcfc denial under oath of its presence = issue P can show the ff evidence: prior rcpts, pix of signing ceremonies of the contract, video of D signing into the contract This will prove that its impossible for the D to prove his evidence for the denial For each denial, the P can show that there can be no evidence on the part of the D D can have evidence, can manufacture it or get witnesses to support himbut looking at the Ps evidence, its impossible for the D to present evidence o Summary = short-cut o SJ: you can get a judgment at this stage o Invented bec theres a possibility that 1 party knows the other party has no evidence to support the allegations or the denial o Not that they dnt have evidence, but that its not absolutely admissible = their evidence dont relate or can be proven to be absolutely false by evidence presented by the other side o Is SJ mandatory? NO, its optionalits a remedy that a party may avail of If party dsnt avail of summary judgment, P has the duty to set the date of pre-trial (after all responsive pleadings have been filed) o Indirect way to do discovery, albeit in a Ct Bec discovery is always dne extra-judicially o None of the evidence has been presented but the evidence is alrdy attached to the motion of the movant, thus, the parties will know what the evidence is Knowing the evidence you have an idea of what the evidence will be
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 Physical presentation of the evidence in Ct o Decisions of the judge in SJ shld be cautiously done o Judge may explore the evidences bth parties during pre-trial proper, so can the clerk Demurrer to evidence: P has alrdy presented all evidence o Theres knowledge & presentation o D however, wo presenting his evidence, will claim that the evidence is weak Pre-trial remedies: remedies b4 trial o Motion for BoP o MTD: under R16, R15 o Dismissal: R17: s1,s2,s3 o Motion for SJ: by P or D o Judgment on the pleadings D cannot move for judgment on the pleadings Bec if the def denies, theres no way the P will accept such Thus, remedy only of the P Remedies in order: (gen rule) Plaintiffs remedies Defendant remedies Dismissal R17, s1, s2 Motion for BoP MTD R16 Motion for SJ *can interchange this ONLY when you file for lack of J over the person bec summons werent properly served Motion for judgment on the MTD R15 (no time line) pleadings Dismissal: R17, 3 (no time line) Motion for SJ (at the end) *if filed a MTD for lack of J over the person, shld you raise improper venue along with this? Bec of the omnibus motion rule - raise 1 MTD only but make lack of J over the person 1st bec if you dont, its considered waived *always rem: the P chooses the COA based on what it knows based on the evidence ROUND 2 OF THE ENTIRE PROCESS RULE 36: JUDGMENTS, FINAL ORDERS & ENTRY CENIZA v CA
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Order wc had the nature of the final judgment: the decision of the TC wc found only Ceniza as the only 1 entitled to damages Final order: 1 wc terminates the axn or operates to vest some right in such manner as to put it out of the power of the CT making the order to place the parties in their orig axn Why was there a discussion on finality here? Consequence of a final order or one wc has attained finality: o In terms of remedies, if one wants to question the order, can file an appeal Final order v interlocutory order: Ex) 3 classes of docums wc parties file: pleading, motion, manifestation or notice (no relief prayed for; but its reqd that the party inform the Ct of a status of a fact; ex. death of a party) o Pleading & motion: bth have prayers for reliefs Motion: issues reliefs, different from those requested on the pleadings o Relief: what the parties request the Cts to do or order as a result of the existence of a COA properly proven Addresses the legal injury May be a judgment for a spcfc act, sum of money, damages, etc Prayers requested by a party that the Ct may issue to request Ct decides by putting it in a judgment or an order o 2 kinds of orders: Interlocutory orders Ex) order denying the MTD, granting the BoP, order admitting a BoP *BoP: ds this supplement a pleading or amend? It only supplements bec it explains & elaborates only Ex) motion denying leave to intervene o Cant be final, none of the parties will be aggrieved, neither will the one who wants to intervene o Remedy is anything wc is available under interlocutory orders except for the appeal bec its only for orig party Partial judgment on motion for SJ: interlocutory generally o Except if the judgment disposes of the COA wc is severable Final orders Decision of the Ct wc disposes of the entire controversy Ct has nothing else to do, is finished wrt the case Ex) order Judgment is a special kind of order: bec it contains a statement *Adjudication on the merits: Ct decides & evaluates the evidence pertaining to the existence or non-existence of a COA o Findings of fact: result of the judge weighing the evidence in support of an issue wc is tendered Ct simply evaluates the evidence for the issues tendered Theres a weighing of the evidence in relation to an issued tendered
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Cts CANT present issues! If it presents issues either of the parties aggrieved by the situation will file for denial of DP Cts are always passive & the only way by wc a Ct can act motu propio if theres a clear prov in the rules or by law or by consti allowing it to act motu propio o Pre-trial: determines what are the issues Thus they will dictate wc evidence is relevant or irrelevant Putting it into context is important o *when do you take direct & cross-examination = studied in Evidence Evidence will tell you what is direct & what is cross & what not to ask in direct & what not to ask in cross But WONT teach you what to ask in Ct = to det what Qs you will actually ask is something you learn thru trial technique (look at the judge, psyche out the judge or keeping the attention of the judge) o Issue of fact: resolved by weighing the evidence o Finding of law: Issue of law: is resolved by the interpretation of the prov/identification of a spcfc prov Do you need factual evidence/evidentiary facts in order to det the proper way to read law? NO Issues of law are done wo consulting the evidence of the parties These are resolved by gng back to the txt of the statute, jurisprudence = primary sources! o Thus, pleadings, pre-trial & trial are basically abt description About presenting evidence to support the issues tendered Not yet about findings of law legal issues are settled after 1 dsnt tender legal issued Bec they are suppose to be known by everyone ignorantia legis non excusat Your argument on Qs of law will find its way in memoranda in the end o Your focus shld be on the factual issues o For it to be useful on appeal, make it of record Thru a manifestation! Ex) manifestation: your honor, I just want to make of record that the witness eyes moved left to right left to right left to right This will still go into the interpretation of fact Or Ct may not even req this anymoresince theres only so much you can say about QD, reckless imprudence, etc Issues of fact: resolvable by the weight of evidencerepsented Resolvable by the interpretation of a prov Borderline: admissibility of evidence o Ex) objection that the evidence is hearsay Q of fact of law?
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 Q of law bec what hearsay is depends on what the law says it is o Ex) whether a contract exists or not = Q of fact o Ex) whether a person is 18 or 17 yrs old = Q of fact JUDGMENTS: look at the merits Spcl thing abt it: It adjudicates on the Qs of fact that arises on the issues that are tendered The Ct resolves the case in general o This is what REALLY happened *Burns article: narrative thats accepted by the Ct depends on several variables o Standpt of judge: who judge is partial to blve o Order of presentation of evidence All cases decided by TCs will always be appealed o Bec no lawyer will be content w the 1st judgment Contains the finding of fact, a narrative of what the judge sees as the fact Ex) issue1: evidence A, evidence B = I prefer evidence A Ex) P presented his witnesses, D presented his witnesses Expectation is that the judge writes the judgment The more you say in the Ct of law, the more the judge will hate you o Hell have to go thru the whole transcript & then decide wc is better FINAL ORDER: Ct is finished, Ct disposes of everythjig Dsnt wait for a pre-trial order There are 3 concepts of finality: 1st sense of finality: every judgment is final o Entire case is disposed by the TC judge, he has nothing else to do o Thats why 1st j is just called judgment o But the law grants a 2nd chance, statutorily appeal is granted = means that wo law, theres no consti right to appeal (tehres a consti right ot be heard but none for appeal except for death penalty & life imprisonment) Granted c o Appeal pd is the time a superior Ct is asked to rvw the j made on issues of facts & law by the TC (who tries the facts/tries the evidence) o Concept of appeal: you get a superior Ct wc is more learned or experienced or wc has more than 1 sitting judge Errors are suppose toe be corrected by averaging the standpts of the diff judges TC: 1 judge; CA: divisions of 3; SC divisions of 5 or en banc
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o Weak point in appeal: evidence isnt presented b4 the appellate judge Its the documentation of the presentation of the evidence wc is there Its the documents wc go up Lawyers live thru paper = its what you actually put down that matters *Can have the errors in the stenographic notes corrected o Appelalate Ct rvws the weighing of the facts & evidence o Theres a pd for doing thiswo using the pd, j becomes a final j o TC has dne everything it was suppose to do nd 2 sense: J becomes final for purposes of execution o Theres nothing else you can do except to go to execution o *there wldve only been 1 concept of judgment if there was no stat right to appeal o Bec of the j, law ofcrs will implement the decision o J ripens to finality in 2 ways: Lapse of the pd Taking an appeal, tehn gng dwn bec the appeal is affirmed o Final j is executed after this the 3rd sense of fianality takes place Satisfaction of judgment: judgment is satisfied o Everything in so far as the ofcl sys is concerned has alrdy ended o Rarely achieved

Judgment --- R41---- final judgment --- R39 --- satisfaction of judgment final order final bec its states a decision on a fact but its not an adjudication on the merits o Order wc disposes of the case Final judgment: j wc can be executed, the appeal pd having lapsed or been exhausted Order wc is final can also be appealed if not appeal = its a final & executory order o Disposes of the case, but not an adjudication of the merits o So you also go thru R39 then after the satisfaction of the final & executory order o Final & executory order is the same breed as a final judgment

Round 2 stage: it matters little how you procured the judgment Bec judgment is a judgment, no matter how you got it, for purposes of an appeal o Whether the judgment is a result of a default, from SJ, judgment of the pleadings
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o How you got there is not impt (ex. jst get to 4th yr! how you got there wont matter to your employers) J or final order - still the same theres a remedy of appeal What matters if the NATURE OF THE J o There are j wc can be executed pending appeal Ex) j if for injunctive relief, rcvershp (need a new manager so that the assests wont be dissipated),accntg, support (need to execute a j for support immediately) As against Js wc cant be executed o There J wc for good reasons (depends on the discretion of the Ct) can be executed immediately This is where equity may come in o Js wc det how you execute that J o After the req pd of appeal, then it matters if its: J for a sum of money: Executed in a diff way Set of rules in R39 will apply J for a spcfc act Ex) you need to transfer the title J for a spcl j: Ex) injunctive reliefs Only 1 prov in R39 Js wc cant really be executed, other than presenting the other side w something & then threatening him w contempt o Matters not how you got here but the nature of the j After judgment: you can avail of M for new trial, MFR, or appeal o New trial or MFR arent preliminary to take an appeal, they are optional No NEED to go thru R37, can appeal immediately o Interlocutory orders: attacked only thru a spcl civ axn thru certiorari, but gen rule is that you 1st file a MFR After a final & executory j o Can still attack this via R38 pet for relief from judgment/order o Called a petition alrdy (unlike in R37 wc is still a motion) o Affidavit for FAME & merits applies in pet o R38: Attacks a final judgment or a final & executory order OR challenges a denial of appeal R40: shldve been erased not necessary 41: appeal proper 42: 2nd appeal 43: appeal from a quasi-j body
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March 22 Summary: Ceniza: J terminates the axn and takes the case out of the auth of the Ct 3 kinds of finality of J: o Judgment is final o Judgment may not be executed o Satisfaction of judgment For purposes of appeal, dsnt matter how the judgment was obtained since everything may be appealed Can also file a MFR or Motion for New Trial but not a pre-req for filing an appeal Judgment may still be challenged under R38 Pre-trial remedies: all may lead to a diff resolution to the case o Are detours Plaintiffs remedies Defendant remedies Dismissal R17, s1, s2 Motion for BoP (R12) MTD R16 Motion for SJ *can interchange this ONLY when you file for lack of J over the person bec summons werent properly served Motion for judgment on the MTD R15 (no time line) pleadings Dismissal: R17, s3 (no time line) Motion for SJ (at the end) After presentation of evidence & prosecution in chief o Def may move for a demurrer to evidence o Then Ct will decide whether it can take a look at the evidence of the P & see if its sufficient for the COA o If not, itll dismiss the axn = dismissal is also a final order All axns of the CT in any of these motions will result in an order o Whether its interlocutory or final will depend on what the Ct says Wc axns of the Ct may lead to a final order? o Bop = No, interlocutory
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o MTD R16 Grant = will lead to a final order This skips pre-trial, trial & stage of judgment Deny = X yet final Order an amendment = X yet final o MTD R15 Grant = will lead to a final order Deny = X a final order o Dismissal R17 S1: final order, but its not gng to be appeal No remedy taken agnst it bec its the P who asked as a matter of right to dismiss S2: final order, no complains/no appeal Bec the P & D wants it dismissed Unless of course, if it commits a mistake on the counterclaim o Ex) Ct dismisses the counterclaim wo giving the D the opp 15dys if it wants it to remain in the same Ct S3: final order o Motion for SJ: Final order Order granting SJ w/c is in the margins = technically almst an adjudication on the merits May also be interpreted almost as a judgment on the merits Bec the Ct examines whether there is no evidence to support the COA It has evaluated the evidence Order wc grants SJ is ALMOST a judgment bec it says theres no evidence But theres no formal presentation of evidence = this is what makes it diff from judgment per se o Is this distinction relevant in order to know the remedies wc the aggrieved party may use? o Is determining whether its a final order or judgment for purposes of determining the remedy relevant? NO, bec you can use MFR, Motion for New Trial or appeal o Is it distinction relevant for barring litigation on the same COA? NO, bec res judicata says a final order or judgment adjudicating on the merits Adjudication on the merits: evidence has alrdy been presented to the Ct & presented to bth sides & Ct weighs the credibility of the evidence b4 it & decides on wc party to decide in favor for o Judgment on the pleadings = final order Ex) MTD R16 granted = final order VS order grating motion for SJ 34 granted = final order o Wc is an adjudication on the merits? SJ R34
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o MTD isnt an order adjudicating on the merits generallybut its a final orders There are final orders wc are not adjudication on the merits There are final orders that can be subj to MFR, Motion for New Trial, appeal but arent a bar to future prosecutions? YES Ex) MTD R16 for improper venue = final order o But not an adjudication on the merits o WONT bar future prosecution bec there was no adjudication on the merits Is a final order bec its an adjudication on the merits or its finality is dependent of something else? o Final bec the Ct disposes of a case All final orders are vulnerable to the same remedies as a final judgment. TRUE All final orders bar future prosecutions. FALSE All final judgments (same parties, same COA) bar future prosecutions. TRUE o For so long as the judgment is granted by a competent Ct = its a bar There are final orders that dont bar future prosecution. YES o Ex) MTD R16 for improper venue Order granting a MTD R16, regardless of the issues raised, always wont bar future prosecution. FALSE o Ground in R16 that WILL bar future prosecution: Res judicata/prior judgment/conclusiveness of judgment Litis pendentia There are final orders wc arent adjudication on the merits o Some are adjudication on the merits o But ROC categorizes btwn interlocutory & final orders in order to know wc remedies may be taken o Final order: Appeal This will waive the other 2 remedies It waives the other 2 bec MFR & Motion for New Trial arent filed w the appellate Ct but are filed w the Ct of origin 15dys for a single appeal & 30dys when multiple appeals are allowed = BP 129 MFR Motion for New Trial o Interlocutory order: File an answer/file a pleading MFR under R15 Certiorari: only for grave abuse of discretion But dont use this immediately bec you shld give the TC an opp to reverse Judgment rendered: judgment was written by the Ct, issued & served on the parties
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o Its completion of service on the parties wc begins the pd of computation from rendition of judgment Ex) parties know the 15dy pd so filed a motion for extension of time to file a motion for new trial o Deny! Bec the law says that you can only file an appeal w/in 15dys from rendition of judgment o Habaluyas v Japson: The 15dy period for appealing or for filing a MFR cannot be extended. Even under the existing Rules of Court the 30dy period cannot be extended BP Blg. 129, is designed to avoid the procedural delays wc plagued the administration of justice under the ROC wc were originally intended to assist the parties in obtaining a just, speedy and inexpensive administration of justice. That is why (with some exceptions) the record on appeal was dispensed with and the 30day period was reduced to 15 days. o The 15 day pd is jurisdictional = thus, no compliance w the pd, the Ct cant act on it Ct cant go beyond it, Ct cant change it If the Ct changes it, it acts beyond its jurisdiction and it cannot change the law Pd of 15 dys is jurisdictional, it cant be changed, its statutory o Thus, this explains the doctrine of Habaluyas o 15dys comes from a statute, thus, ROC cant violate the law o Right to take an appeal is statutorily granted Thus, particulars to take an appeal are in the ROC o When you take the 2nd appeal, you may move for an extension of time Judgment after lapse of 15dy pd, no appeal is taken, no MFR or Motion for New Trial is filed = judgment becomes a final judgment Reckoning pd, final in the sense of capable of being executed immediately, the reckoning pd is called = entry of judgment s2, R36 o B4, after 15dys the clerk simply entered it in the bk of entries & from that time, it was considered final for purposes of execution o Rules were changed, bec of the corruption b4 o Even if Ct dsnt physically enters it on the 15th day, it becomes final..thus entry is only a ministerial req o Entry means = judgment is converted into a FINAL judgment (same w orders) Reliefs against a final order/judgment: o Cant get an appellate Ct to look at issues of fact or law determined by the LC o What you can make them determine that there were supervening events wc lead the LC to commit a mistake, thus trial is undertaken again

R38: petition from relief from judgment Equitable remedy b4 = not statutorily provided for in common law The farther you are from the judgment, the more difficult it becomes to get back to a trial
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Has 2 jurisdictional pds: (jurisdictional bec NON-EXTENDIBLE) o The 2 pds shld concur at the same time o 1st pd: 6mo pd from entry of judgment Definite starting pt, wc is from entry of judgment Its a 75dy pd from rendition of judgment (judgment written down is actually served, counted from completion of service on party who wants to take an appeal) Rendition of judgment in crimpro: reading in open Ct (promulgation & rendition happens at the same time) Civpro: writes 1st, files w clerk & everyone sees itbut until completion of service = only then is the judgment rendered o 2nd pd: 60dy pd from time of knowledge of the fact of judgment/ordered Very few rules start counting from knowledge pet shld be filed W/IN the 60dy pd & 6mo pd if there was an opp to raise r38 & motion for new trial, & theres no possibility to change the judgment substantially if no opp for new trial or r38 (the 2 remedies must coincide) ex)fraud discovered after 6mo pd, can still file annulment of judgment under R47 substantial change of judgment comes w a price: o need to show FAME o tell Ct theres excessive damages, mistake in law/appreciation of fact o or go to a higher Ct & ask that Ct to rvw everything there & give a 2nd opinion = appeal o file a pet from relief = pet for relief, if granted, you go back to the beginning o *after, you can correct clerical errors or can have a judgment nunc pro tunc (means: now as then) = judgment wc corrects an earlier judgment based on what the judgment shldve contained in the beginning Judgment as it shldve been b4 shld be amended as it appears as such Its a specie of a clarification Can be made any time whenever it becomes relevant Usually when youre trying to enforce the decision

1. B4 judgment = judge can change his mind any time 2. After judgment = judge may change his mind once or be made to change his mind bec of MFR or new trial 3. After it becomes final & executory o Except clerical errors o Or file R38 4. Or annulment of judgment R47 If theres Extrinsic Fraud 1. B4 judgment = change mind anytime
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2. 3. 4. 5.

After judgment = new trial due to fraud After final & executory = pet for relief due to fraud After this, no more changes except clerical errors Only way to change this is to annul the judgment & entire case R47 o But theres an assumption that you werent able to avail of any of these remedies o If extrinsic fraud was in the proceeding of R38 or if you just discovered the extrinsic fraud Remember THIS 15day period!!!! o Bec its non-extendible, no Ct can extend it *MFR & Motion for new trial are remedies of the losing party

Difference btwn MFR & motion to reopen a case Motion to reopen: generic motion R15 o Just asking the Ct to reopen in equity o Happens after bth parties have closed their evidence o Theres a passage of time from end of trial to actual rendition of judgment btwn this, there may be a motion to reopen o Grounds arnt in the ROC grounds arent that limited Ct will decide in exer of sound discretion So long as comply w the reqs under R15 o Ex) kidnapped witness returns all of a sudden o Effect is similar to new trial but the grounds are diff o After judgment, & no motion to reopenonly way to remove the judgment is thru MFR or a motion for new trial (so long as w/in 15dyscan be on the 15th day) Motion for new trial: o Grounds are limited o Attempting to go back to trial o Name is misleading Bec new trial, might mean trial de novo When you go on an appeal from the justice of peace whos trial isnt on record, you take an appeal & put it on record BUT in our jurisdiction, NO TRIAL DE NOVO Maybe shld be called motion for partial trail st o 1 ground: based on newly discovered evidence Only this is presented W totality of evidence now at hand, judge makes a new judgment
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o o o o

o o

2nd ground: FAME Can use either or both grounds No need to prove FAME if you have newly discovered evidence & v.v. In bth grounds, the evidence shld be so great that itll change the decision Evidence newly presented SHLD be SUBSTANTIAL Evidence to support FAME is SUBSTANTIAL Fraud: shld be extrinsic fraud o Some1 makes it appear that the facts are so o The other party blvd it o There were reasons to blve it so Ex) intrinsic fraud: fraud in the process Ex) extrinsic/collateral fraud: fraud in the perf o If the Ct has been bought by the other party o Difficult to prove this In proving fraud, need evidentiary facts & that circums will show that it was so blveable that you had no choice or had reasonable choice in blve the facts are true Not necessary that fraud surfaces w/in the 15dy pd bec its difficult to discover & prove Great possibility that discovery will happen only after the 15dy pd = this is why theres a pet for relief from judgment o Reality is: if it happened during trial (intrinsic fraud) you had the opp to file a motion for new trial or MFR thus, no pet for relief from judgment 2 grounds for extrinsic fraud in R47: It cldnt have been raised in a pet for relief Not yet discovered Cldnt have been raised in MFR Not yet discovered Even if you discovered the fraud, but you have no evidence to prove such MFR wont be granted Ex) corruption: difficult to prove For sir, wld move for dismissal due to lack of JCt was ousted of J (thus, J is removed even if granted by law; the stream dsnt rise higher than its source!) Wld use a DP argument Corruption is like extrinsic fraud There can be a 2nd motion for new trial Bec there cldve been newly discovered evidence after the 2st newly discovered evidence PROVIDED you file w/in the 15dy pd after the
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o o o o o

Not covered by omnibus motion rule bec you didnt know of it in the beginning Its like a supplemental pleading a new event except that here its discovered evidence Evidence CANT be NEW evidence can only be newly discovered If really had everything constituting the COA, you wldve had all the evidence alrdy o Ex) rcpt or witness was there alrdy Newly discovered: w exer of diligence of the party or counsel, they discovered the evidence but was present b4 Movant is the judgment obligor Judgment obligor (losing party/has the duty to comply w the judgment) vs judgment obligee (winning party) *Most logical extreme possibility: youll lose, so the remedies are more of your concern Thus master all these remedies NEEDS affidavit of merits If no affidavit of merit = PRO FORMA Bec 15dy pd cant be extended by the neglect of the parties Affidavits: sworn statements by witnesses who have personal knowledge; shld prove: Affidavits: proving facts of FAME Affidavit on the merits of the case: Evidentiary facts *but sir will refer to bth as affidavit of merits just for the exam Ex) March 1 get copy of judgment, March 2 file motion for new trial, march 16 you discover you forgot affidavit of merits, but other side hasnt acted yet can you file it later? No, the motion is nothingpd ISNT interrupted But if file a motion for new trial, properly written out March2 the pd IS interrupted Once its denied, you have a fresh 15dy period 15dy pd is a matter of statutory right, so cant be reduced by Ct declaration

MFR: o Issues of law are raised o These issues of law may be: excessive damages, insufficiency of evidence/evidence not supporting the conclusion, mistake in law o Recon = you want the judgment removed but the evidence in trial stands as is & you want the Ct to recon o If granted, judge wont just simply think abt the case = Ct will vacate the judgment & reverse its opinions o ONLY ONE MFR policy reasons: like omnibus motion, if you have all the grounds to raise, do it once judge shldnt change his mind more than once
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o J for the P MFR granted so new J for D J for D is a new J so P can file a MFR This has been done This isnt a mistake, its an option of the judge But if MFR of D is denied = cant file anthr MFR o Consequence: pending of MFR dsnt stop the running of the pd of appeal o But you have a fresh 15dy the 15dys that you need to take an appeal it may be exhausted Difficult bec its possible for the appeal pd to lapse = and appeal shld be perfected! What usually happens is that someone fails to pay the appellate docket fee! (impt!) If Ct is far, pay thru a postal money order And if it lapses, no way a Ct can grant you an extension o Youre getting the Ct to take anthr look at the evidence o PRO FORMA MOTION: 2nd motion for recon Pro forma = its there But its dsnt interrupt, its nothing o MFR of a judgment R37 is diff from a MFR of an interlocutory order R15 can file either, no prohibition So long as MFR for interlocutory order is filed w/in the time Ex) motion for extension for time to plead denied; you want this to be rvwd by the Ct so file a MFR This is diff from an MFR of a judgment This is a more generic MFR under R15 *certiorari R65 NOT available after MFR R37 MTD R16 MFR R37 - Not preliminary to appeal but a remedy available at the stage of appeal - Not reqd for a certiorari axn MFR R15 - Can file under R65 after filing this

MTD R15

R38: PETITION FOR RELIEF FROM JUDGMENT Still available even if you file for a motion for new trial or MFR Motion for new trial: FAME & Newly discovered R47 o Extrinsic fraud only Grounds: FAME
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It comes after the pd for taking an appeal thus theres an additional ground o Wc is the DENIAL for taking an appeal Need to show good reasons why your appeal shldnt have been denied Ex) pet denied can you appeal the order denying the pet? o This is a final order bec its alrdy after the judgment becoming final Thus this last chance o CANT take an appeal bec appeal has alrdy LAPSED o The main case CANT be appealed, so even if you can appeal for your FAME evaluation, wont matter coz Ct can no longer take everything on appeal (R41,s1) Reqs are stricter, thus its seen as an equitable remedy The procedure is diff No longer called a motion but a petition = bec req is that you file almst an entire case, shld be verified, & have to have affidavit of merits (but you retain the same docket #) Verified = at the end of the pet, theres an affidavit o Caption: verification o Read & personal knowledge of the facts & dont intend to delay the action o Need this so that you can be pursued in case of perjury Remedies become more elaborate as you go farther from the judgment Procedure: after petitioner files, bec its verified together w affidavits, Ct can look at the pet wo requiring the other party to respond o Service is also made on the winning party but winning party need not answer immediately o Normally, D dsnt wait for the Ct to order it to respond he immediately files a responsive pleading Ct dsnt intervene, cant even look at the complaint & decide to dismiss immediately o But in R38, the Ct looks at the pet, examines if its sufficient in form & substance, if they see that theres a possibility that evidence is strong itll issue an order to have the other party file! Violative of DP? No bec there was DP before At this late stage, since this is an equitable remedy (equity follows the law), Ct issues an order 1st b4 a response is necessary to be filed Verification: addtl assurance to the Ct that the evidence its evaluating is truthful & w/in personal knowledge Strictest, 1 sided even = thus verification necessary Smtyms Cts arent that diligentwant to make sure theyre looking at the right thing so they dnt give an order requiring the resp to file an answer it just issues an order stating that the resp shld show cause why the pet shld be dismissed o It hasnt evaluated the pet/evidence yet o They usually issue a citation or a show cause order = show cause why this pet shld be dismissed X prohibited under the rules
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Whats NOT allowed is issuing an order to comment wo the Ct looking at the evidence o Bec if it did it ex parte & didnt have resp comment, possible that the Ct misses the ground that the resp sees = so more likely that the resp will complain But if you get a comment but still grant it, less likelyhood hell complaint Prelim I is available, but need to refer to R58 o Also available after the judgment becomes final but only w/in a pet for relief from judgment o Only available prior to judgment after judgment it becomes perpetual

*b4 lapse of reglementary pd, apart from DP, Ct can change its mind on its own..bec possible that Ct revisits its notes & sees that the proper judgment shldve been otherwise human error is a good excuse * after judgment becomes final, Ct cant correct on its own - correction of judgment nunc pro tunc = not an appeal , youre just determining what the judgment shldve been in the 1st place APPEAL Available only AFTER judgment or final order R47 Annulment of judgment is diff from appeal o Bec annulment of judgment dnst examine the evidence yet = just says the entire case is wrong o Appeal is that you considered the earlier procedures as existing/not out of bounds/illegal/or null & void Youre not asking the parties to re-present evidence, but rather just examining the documentation of evidence Difference btwn non-verbal & verbal In all cases, keep in mind that you can lose o SC is supreme bec it declares w finality the interpretation of law & accepts the findings of facts of the LC Thus, when presenting evidence, make sure EVERYTHING is taken down ON THE RECORD o Make sure every part of the trial is in the record to go up to appeal o The shorter your interventions are, the better Appeal is a battle of documents Correction of judgments are also diff: 2 kinds o Substantial o Formal Flowcharts: 1) MTC R40 & R41-- RTC - R42-- CA ----- SC (4 chances) 2) RTC R41-- CA R45-- SC (2chances) 3) RTC -R42-- SC 4) CA (orig J of CA for annulment of judgments) -R45-- SC 5) SC (cases wc start here, no more appeal)
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*thus, consider this when drafting your COAs - when crafting a COA, rarely do you go to the SC immediately - but when you go straight to the SC, youre immediately in SCRA - spcl civ axns, pet for certiorari - minute resolutions * for sir: btr to start w the RTCs Spcl civ axns arent modes of appeal (ex UP v CA) o But Spcl civ axns may be appealed RTCs: triers of facts o Front lines of actually taking down the testimony of a witness or a docum vs anthr witness or docum & weighing it o To distribute the load, there are MTCs o Distinguished from the SC, they are the generals They just want to speak on matters of policy US SC: all modes of appeals are certiorari; their choices of topics are also those of academic discussions Phil SC: has the same discretion, they can choose how many cases they want to tacklebut tradition is that unless for good reason, take the case SC rules on Qs of policies thus only tackles Qs of law, generally speaking 1 way to rem the mode of appeal to the SC: o R45!! st 1 appeal is statutorily mandatory: o Appellate Ct has no discretion HAS to take the appeal o Can tackle Qs of fact o Mode of appeal from MTC to RTC is R40 & R41 = called appeal by notice If Qs of law & fact use R41 2nd & 3rd appeal is discretionary = only created by ROC o 2nd appeal is called appeal by pet for rvw o RTC to CA use R42 R45: always appeal by certiorari o Exception: RTC SC always by R45 but its discretionary to SC bec its the 1st appeal o All appeals under R45 are ONLY Qs of law RTC as an appellate Ct may be appealed to the SC immediately on Qs of law by R45 *so know R41, 42, 45

To remember: 1st det if you have issues of law only or fact & law

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o Law only: remedy is R45 Except: if from MTC, bec RTC has exclusive appellate Jfrom MTC go to RTC only o RTC to CA: concurrent appellate J Depends on whether your appeal has Qs of fact or law Mistake in the mode of the appeal, itll be dismissed = no more preference o B4 1997: mistake in appeal, you get a kind deference to the correct Ct o Today: wrong appeal, case dismissed!

*R43: quasi-judicial Ordinary Civil Actions R42 & R43(quasi-j agency): petition for rvw on certiorari R45: appeal on certiorari o Implies that there is sme discretion in taking the appeal or case itself o It rvws a case wc has alrdy been decided upon o Parties: always P & D Looks at the exer of power o You exer the power when you look at the evidence, etc Refers to control of exer of J Ex) control means: completely replacing your judgment Replacement of the discretion of the controlling body this is appeal You assume that theres a power & w/in authority but you replace that exer of auth Special Civil Actions for Certorari R65: NOT a mode of appeal o It rvws whether the Ct had the power to act upon Ex) Bailen v Elizalde becomes Bailen v RTC Judge and Elizalde Dont look at the exer of the power you check IF THERES POWER Refers to supervision Ex) MTD denied, but the denial is contrary to the ROC o Clearly Ct acted beyond its J so correctable by certiorari Just checking whether there is jurisdiction There lack of J when theres: o No J at all o There was J, but it was lost
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o Grave abuse of discretion amntg to lack of J Ex) you exer your discretion, may abuse it a lil but CANT grave abuse it by saying this is the facts even if theres no evidence to support it Arbitrary (no basis), capricious & whimsical Ex) student not enrolled in the class, but sir gives him a grade = no basis! Arbitrary Ex) student enrolled in class w recit grades = can rvw this & has some discretion on it = not arbitrary Only available if theres no other remedy o No appeal & no plain, speedy adequate remedy in the course of law Ex) denial of motion for extension of time Can file answer wc is more adequate & speedy o F theres a remedy of appeal, raise the ground of grave abuse in your appeal When filed w the RTC & ruled adversely, this judgment CANT also be appealed o RTC made a judgment on a sep orig case bec the sep judgment arose from a sep case o Youre at the #3 stage (in the flowcharts)

1st appeal: by notice docum just stating its a notice of appeal Just states were appealing this case from the RTC to the CA on the ground that theres a misinterpretation of the law, then signed by counsel w addresses Notice is given to the MTC judge & judge orders the clerk to index the records & entire records is transmitted to the RTC (takes less than a month) Appellate Ct now reqs that the entire records of the case be elevated o B4 had to remit a record on appeal = summary of the entire trail Becomes the basis of the facts & issues of law o Now no longer needed, entire record o Hence, pd for taking an appeal is 15 dys o Can appeal on the same day you get it only decision is whether you shld do a MFR, Motion for new trial or appeal No real reason to miss the 15dy pd unless its gross negligence Perfection of appeal After notice & lapse of requisite pd & payment of docket fee Impt bec upon perfection of appeal, TC loses J Appellate Ct acquires J Generally: technically the TC cant do anything anymore o Bec theres equity jurisprudence Perfection is equivalent to notice, lapse of pd & payment of docket fee
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Lapse of pd: wo either a notice or payment = means NO APPEAL allowed

Multiple appeals Encountered in spcl civ axns Ex) eminent domain trial stage is 2 parts (always in J of RTC brgy san roque case) o 1st trail: order of condemnation That the govt agency has the power to expropriate Only after youre sure the taking is for pub use, can you proceed to the determination of the amnt nd o 2 trial: just compensation o THUS, you have 2 final orders (final in relation to its stage) o SO.multiple appeals are allowed Ex) partition whats diff, wc is why its spcl, is that the trial is bifurcated o 1st stage: who the c0- owners are Need to det how many co-owners & who they are, b4 you can partition Order has to be final in this stage nd o 2 order: how the prop shld be partitioned In bth examples, there are 2 final orders in the same case BP129: where multiple appeals are allowed, the appeal pd isnt 15dy but 30 dys from rendition of judgment/final order = wcever final order is being appealed o Longer pd bec unlike the ordinary appeal, the entire records can be transmitted o In multiple appeals, CANT transmit the entire records bec its still need for the 2nd stage o THUS, reqd to send a record of appeal (submit a summary of everything on the record) The TC will adopt it after comment from the other party then its the record wc is transmitted Reqs: o Notice of appeal No need for approval of the notice o Records of appeal APPROVED of ht TC Bec of this, law increases the # of days o Lapse of 30dy pd o Payment of docket fee In an ordinary civ axn: partial SJ wc rules on a COA wc is supported on evidence not necessary for the other COA you can appeal o Thus, its a case where multiple appeal is allowed o So 30 dys w record on appeal
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*Review of afternoon class Procedure for taking an appeal under R40 & 41 o R40: appeal from the MTC to the RTC Only 1 mode of appeal Similar to rule 41 o R41: appeal by notice All thats reqd of the parties is notice, payment of docket fees, & lapse of pd for taking an appeal = perfection of appeal This is when the TC loses J & the appellate Ct acquires J over the case (R41.9) Records are sent up = ministerial Appeal by notice is diff in case there are multiple appeals allowed Ex) R67 emminent domain & partition o Trials here are bifurcated o There has to be some finality on the 1st order or else the next stage cant happen When multiple appeals are allowed, practical prob is that you cant raise the expediente (case file)/the entire record Thus, records of appeal shall be submitted by the appellant & needs to be approved by the TC Perfection of appeal happens when notice is given, docket fee is paid, record on appeal is approved & pd has lapsed Possible for approval of the record when the 30dy pd has lapsed o Bec only req is that the record of appeal is filed w/in the pd, the approval can come afterwards What can be appealed: - Judgments or final orders R41,s1 o What cant be appealed is listed here too Orders of execution: bec judgment/order has alrdy become final & only thing left to be done is execution & bec appeal has alrdy lapsed or alrdy taken Sep judgments: if related w ea other R36: Several judgment: referring to parties o There are multiple parties o Ct may render judgment against a few & cont wrt the rest o Judgment based on a COA totally unrelated to the cases of the others whose cases are pending Multiple appeals are allowed
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Separate judgments: referring to stages o Ct may rule on a COA only or CC or CrosC only, and the other parts shall continue o So if not related, multiple appeals shall be allowed Partial SJ: can appeal the diff stages

Remedy for orders wc cant be appealed May be R65 o Requires that no appeal may be taken & no plain, speedy adequate remedy in law o R65 Certiorari isnt a substitute for a lost appeal R42 & 45:pet for rvw by certiorari o Are modes of appeal While case is being appealed, parties may want to obtain certain reliefs while case is being appealed o Difficulty here is that upon perfection of appeal, TC lose their J o But rarely does the TC immediately transmit the record on appeal = transmittal is usually delayed Doctrine is that the TC still has J since they have the records of the case = equity J Last par s9,R41: equity J while records are still w the TC, they can act on things like w/rawal of the appeal, recognition of parties, etc = so long as these matters DONT touch on the matters in the case Equity J: only for the preservation of the rights & interests of the parties Appellate Ct has J upon perfection, so technically parties shld file w the appellate Ct, but since they dont have the records, they cant rule on it However, after record has been transmitted go back to the gen rule wc is that the TC loses J

Petition for rvw by C, appeal by C Ct looks if its meritorious in form & substance o If not, it can dismiss o Can also issue a show cause order Similar to procedure in pet for relief from judgments R45: all appeals to the SC thru this o Only on Qs of law o And Ct has discretion not to accept it if theres no policy considerations involved R42: 2d appeal from RTC to CA 1st step: file a verified petition Master 40,41,42,45,47 & 65 + cases
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After pd of appeal, if taken, the judgment is transmitted back to the TC Judgment of appellate Ct is transmitted to the LC o Theres 15dy wndow for filing a MFR o After 15dys, it is entered & becomes a final judgment = then only thing left to do is execution o Execution ISNT issued by appellate Ct Gen rule: execution is issued only by the TC

R39: Execution S1: concept No other amendment possible after final j/o becomes final & executor Except nunc pro tunc or clerical errors Remedy of the winning party basically Losing party also has remedies under R39 (compliance w ea & every word) Execution shld issue as a matter of right as soon as its entered o Rendition of judgment = from completion of service o Final judgment = moment its entered de jure (after lapse of 15dys) o Execution issues as a matter of right There has to be a covering order to the sheriff in order for him to compel the losing party to comply = sheriff & police cant take law into their own hands, NEED AN ORDER o Crimpro: equivalent of a warrant = wc allows police to help you get the accused, etc o Civpro: no warrants but WRITS Theyre spcl orders from a Ct Writ of execution: order from Ct auth sheriff to do any & all things under the rules At the stage of execution, the body of the judgment dsnt matter = its the disposition that matters (dispositive portion) WOE reproduces the dispositive portion o Issued to the sheriff who follows R39 to execute the judgment Judgment is executed by filing of a motion o No need to inform the other part that theres a motion for WOE o Only thing Ct ds is to examine if the judgment has been entered in a de jure sense (but de facto entry is stronger) Motion for WOE shld be requested w/in 5 yrs from date of finality After 5yrs, the only way to execute is to file an axn to revive o WOE cant be procured by motion o Axn to revive: ordinary civ axn Relief being prayed for is that the judgment be revived
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COA: theres a prior judgment, a R-D corr & it hstn been enforced in 5 yrs ROC dnt req that you shldve attempted to file a motion for a WOE But after 5 yrs, need to file a revival of judgment Once granted, a motion for WOE may be filed Deadline for axn to revive is: prescriptive pd wc depends on the nature of the order, COA, or estoppel or laches Not filing w/in the 5yrs maybe evidence of estoppel or laches Theoretically speaking: Can be perpetual but best to file an axn to revive after the 5yrs Usually 5yrs is sufficient & usually everything happens w/in the 1st yr that you get the WOE Execution, matter of right after finality of judgment Exception: possible to procure execution pending appeal o These are decisions wc while appeal is still available, may be executed as a matter of right Injunction, rcvrshp, accntg & support Injunction = by motion R58: restitution & reparation may be order by the Ct o All other cases = discretionary execution For good reasons Ex) perishable goods, shares of stock (its value may go down) Highly discretionary on the TC judge Any execution pending appeal can be opposed: o X good reasons o X for injunction, acctng, support, rcvrshp o Filing of supersedeas bond Bond: promise, oblig committed by a surety that has enough assets Conditioned on whatever the req are of the Ct Surety Co promising to pay an amnt Conditioned on the payment of the judgment debt, if its proven that the person shall be liable for the debt The bond is procured by the party wanting to stop discretionary execution Only available while the case during pd of appeal or during appeal NOT available after finality of judgment bec tendency is in execution of final judgment, all remedies have been given to the losing party Ct must approve the bond Surety must justify = show it has enough net worth/is liquid They do this for statistics They get paid a portion of the amtn, all they look at is the risk based on the conds
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Issuance of WOE pending appeal may be done by the TC even after perfection of appeal BUT only w/inpd when equity J still applies o Means records are still w the TC W the appellate Ct where you file for a WOE, the appellate Ct, if moves in your favor, will order the TC to issue the WOE bec appellate Cts dont have their own sheriffs Entire process is under the supervision of the Ct, but the agent of the Ct is the sheriff How do you execute a J? depends on the kind of J (for purposes of the procedure) o J for sums of money May be damages as a result of FE, may be moral damages, etc o J for spcfc acts Ex) sale of prop WOE is served on the person to sell, if fails, Ct sells it Ex) transfer of title, ejectment suits will req a spcfc act =put winning partner in possession of the prop If party dnst comply (w/in 5dys), then sheriff can enforce the judgment If there are improvements to be demolished, need to get a spcl order for demolition (this is a litigated motion even if the WOE isnt; be the improvement wsnt part of the case discussed, but since the accessory follows the principal, it follows that theres necessity for the spcl order) Its to compel the other party to deliver prop or the sheriff to put anthr party in possession of the prop o Spcl J Easiest Ex) final order for injunction Sheriff only needs a WOE & a certified copy of the judgment, serves it on the party that loses & party shld comply If dont comply, other party can ask for contempt (and this includes being imprisoned) Interpretation of law no longer matters, bec all of this refers to the dispositive portion o So basis for the j is no longer relevant for purposes of determining the procedure Sheriff shld return the WOE & report on its proceedings o If cant implement for a period of time, it shld return it unsatisfied o The parties may ask for an alias writ Duty of the winning party to identify where the person is, where the prop is, etc E is coercive if you win, you have to be a bit ruthless o All the more is you lose you shld try to do everything possible can you suspend the WOE? o Discretion on the part of the judge only based on equity WOE issues, served on losing party to pay w/in a pd spcfd by the sheriff, payment isnt made, so the sheriff takes the WOE & w its auth, starts to levy on props of the losing part
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o Levy: if personal prop capable of manual delivery, prop is taken & put in custodial egis Normally, sheriff takes it & gives it to the other party But shld be that its put in a warehse & R57: spcfc ways by wc certain kinds of props are leviable o Why this rule? Bec it refers to prelim Attachment & R39 refers to the procedure in R57 o Levy creates a lien on the prop becomes an encumbrance only from the time its levied Ex) WOE issued, but b4 issued, the prop has been mortgaged to BPI, judgment becomes final, lien created via the levy is 2ndary to the orig M = takes effect only after the levy If 2nd M is taken on the prop, then the 2nd M is alrdy a 3rd encumbrance Props include: o Sums of money (cash), in possession of the losing party o Debts or credits owing to the judgment obligor/losing party If intangible = garnishment Garnishment: can be a result of WOE or a result of WOA WOE procured during pd of trial: o Purpose of WOE is to ensure that the judgment bec viable in the end o Levy of WOE is sufficient basis for proceeding to the nxt stage wc is the auction stage o So levy of WOA is also a levy of WOE if the judgment is for the attaching party o Ex) case pending, WOE procured, WOA is placed on the prop so for purpose of execution, the WOE has a prior lien So if BPI sells the prop, whoever buys it is still o WOA is the levy of the WOE from the moment At anytime, the judgment obligor can come out w the cash for the judgment o If the sheriff still continues, its gadalej What you levy on 1st depends on the discretion of the sheriff, if the judgment obligor is not there = he can choose any prop o But if losing party present, he can choose If you lose a case, just be present & you can compete on the value of the prop o Levy the rules in order to get something btr o Ex) bike: they say 500, you say 12ksay youll file a motion 1sthave a longer time, but keep bargaining so that you can later turn arnd and ask for a compromise Sum of money: all props may be executed upon Prelim A: concealing props in fraud of creditors = be very careful bec easy to catch There are props exempt from execution: s13 o Family home o Tools of trade (ex. lawyer - library up to 300k) Those necessary for employment
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o Enough cash for 4mos of subsistence o Retirement benefits o Insurance proceeds, etc *can claim you dont own it: Notice req (s14): depends on the nature of the prop o Personal perishable prop: X need for notice o X perishable: X posting necessary o Real prop: need posting No notice req = the auction sale will be invalid Auction sale: means the date & time stated in the notice, WON there are ppl who participate o Normally have sheriffs at certain time of the day & he announces it outside o Losing party MUST be present or thru its counselcoz can just agree on the price to make it quicker Can chose what to sell 1st If no present, sheriff can chose o Winning party: will direct the sale R39 is very detailed, bec of corruption & so that parties wont always file new motions to have things changed in Ct Prop capable of manual delivery: traditio brevi manu o Title transfers upon the sale & upon the transfer of possession delivery o And cert of sale from the auction is evidence of the title but title transfers immediately Prop not capable of manual delivery: Traditio longa manu o possession transfers ipon execution of hserrif of the cert of sale o Purchase price is given o No more redemption o Automatically, prop goes to the person who bought Real prop o Upon sale, a cert of sale is given to the winner & it only evidences that the person won = evidences a right o Itll ripen into a deed of sale after 1yr counted from date of sale o Theres a chance to recover the prop w/in the pd of 1 yr o Dsnt make sense that you imagine that there are personal prop more valuable than real prop o Given chance to recover the prop by paying the value of the purchase price = if redeemed, as if they complied w the judgment Redemtioners: are those who have a right inferior to the levy of WOE o Subsequent encurmbrances o Why not the prior mortgages? Bec whoever takes the prop are protected o Can redeem w/in 60dys,by offering the purchase price plus interest
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o Can redeem every 60 dys o If chain is broken, no more redemption o Ex) 7 mortgagees after the levy on execution 1 can redeem the prop after 60dys from deed of sale After 60 dys from this, can redeem Then 60dys agn 1st person can redeem Thusthey keep bidding, so the prop earns money Entire pd of redemption stops at the end of 1 yrthus last redemptioner shld redeem at the end of that yr Old rules: more complicated bec after you redeem, can immediately possess = mine the prop for what its worth! Redemptioners DONT occupy the prop today Even a person w the cert of sale dsnt occupy the prop Only the last redemptioner, at the end of the yr who gets the deed of sale who can occupy What if props arent sufficient? o Winning party can compel the judgment debtor to appear in Ct for them to state where their other props are o Creditors: upon knowledge, may be summoned to the Ct & can also be examined, relating to the debt o After debt is cleared, their credits can be garnished o Plus, there are discovery procedures like depositions to get such information Until it becomes sufficient, you get entry of satisfaction of judgment o Ack from the winning party & w cert from the sheriff rd 3 party claim: o Possible that prop levied upon is owned by a 3rd party o 3rd party shld just file an affidavit w the sheriff showing hes the owner/showing basis of ownership or rightful possession of prop allegedly wrongfully taken for execution o Upon rcpt, the sheriff shld immediately release the prop o W.in 120dys from service of affidavit, the winning party files a bond = sheriffs bond Conditioned on: surety promises to pay damages to the sheriff if later proven that the prop is wrongfully taken Sheriffs bond answers for damages but the party wanting to claim from the bond shld do so in the same proceeding = shld be done in the sme Ct But can still file for damages in a sep axn but wont have the security of the bond = wont get the proceeds of the bond If want the secu of the bond, need to do it in the same Ct

R47 & 48: effect of judgments R47: local o Has 3 secs

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o R47(a) judgments in rem = are conclusive to the thing or personal status involved o (b) res judicata proper After a competent Ct has issued an order adjudicating on the merits Neither parties may raise a COA or an issue not raised in the orig axn but cldve been raised there & even not on an issue related to that COA o (c)conclusiveness of judgment If theres a common party COA1 filed contract; 2nd case COA based on tort = only similarity is that the parties are the same but diff COA Bth parties are bound in the judgment on the 1st case, cant litigate (NAbus) Including 1 wc cldve been raised in the other case, but didnt R48: foreign o On a spcfc thing: declaration by a foreign Ct that certain shares of stock is owned by A = we are bound by this judgment o Judgments in personam: judgments is only presumptive evidence of a right of the winning party o And only way the judgment wont be recognized is proof of Want of J Want of notice Fraud Collusion Mistake of law or fact o So Cts can rvw the judgments o X cover foreign arbitral awards covered by the NY convention

ORDINARY CIV AXNS generally: Pleadings filing & shortcuts Pretrial Trial Judgments Pd for taking an appeal ---- appeal Final judgment/order Execution of judgments Similarities of ordinary & spcl There are 5 kinds of prov remedies & 5 kinds of discovery PROVISIONAL REMEDIES
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Ancillary to the entire procedure Once you have J over the main COA, you also have J provided theres ground to its issuance Designed in order to make the judgment effective All prov remedies are generally designed to make the judgment, to whoever wins, effective Normally, its the remedy of the complaining party o Bec judgment that def usually wants is dismissal of the case Any writ issued has territorial effect only (BP129) Ct can issue a writ BUT the effectivity of the writ cant exceed the territorial J of the RTC Writs may only reach w/in the territorial J o Ex) Mindoro v CA: RTC had J & venue bec regional dir of envt is in Mla, so RTC issues a writ of prelim I in Puerto galera but RTC of Mla has no territorial J over Puerto galera So tho validly issued in Mla, the writ cant reach the barge in Puerto galera o Remedy: file in puerto galera or file in Mla & Puerto galera (exception to forum shopping: territorial J of writs only extends to the territorial J of Cts) Diff from final remedies Prov reliefs are diff from final reliefs Ex) writ of PI is diff from the final relief requested called injunction (final injunctive order) o Writ: only valid WPI dif from prohibition o WPI priv party o Prohibition: person R65 o Result in the sme thing = prevent sm1 from dng smthn Rcvership is diff from rcvrship as part of the judgment 5 prov remedies o Attachment: take props for the satisfaction of a judgment debt wc may be granted Its secu for satisfaction of any judgment May be filed along side or in complaint or in a motion Need an affidavit that the grounds are present There shld be an offer to post the bond = bec Ct determines the value of the bond Bond may be waived by the Ct Grounds in s1: Anywhere theres fraud involved, intent to defraud Cs, abuse of fiduciary trust or removal of prop in fraud of Cs, etc Last parneeds to be coupled w 1 of the other grounds Available at the commencement of the axn, nvr b4
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Deadline: b4 the judgment Bec after judgment, the WOE substitutes for the WOA Just affidavits w complaint But in practice: so long as prov remedy, verify the complaint Procedure: Motion w affidavits or affidavits alrdy w complaint o Affidavit shows that the grounds for prelim A are present Hearing of the motion Order to the clerk to issue the WOA WOA issues Service or Levy of the WOA on prop o *the lien happens on the levy o There must AT LEAST be contemporaneous service of summons at the time of the levy of the WOA for the Ct to acquire J over the person o Exception: if cant do contemporaneously service bec can be done thru publication Putting of the prop in custodia legis Ex) complaint for payment of a sum of money bec of breach of contract This alone wont entitle the party to a WOA But if allegation states that there have been attempts to hide prop in fraud of Cs = may be a basis for a WOA Remedies against a WOA: to stop the levy need to choose File counter-bond o Bond of the sme amnt as the value of the props wc shld be taken under the WOA o So instead of prop, you take out a promise of a surety/ies & offer this in place of the o To prevent attachment of props o Surety must be approved by the Ct o You DONT attack the grounds under wc the WOA is issued or the sufficiency of the applicants bond o *Applicants bond: its for damages if can be shown that the WOA was improperly issued File a motion to discharge the WOA or suspend the levy of the WOA Raises: o grounds under s1, R57not present o Applicants bond isnt sufficient (not sufficient or surety is insolvent & cant justify) Nthn in the rules prevents the party damaged by the WOA to file a sep axn Req is that a motion be filed & the motion shld provide notice to the surety= for DP of law Theres a summary hearing to det the damage dne Judgment will also have a ruling on how much the bond will be used for o PI: bring the parties to the status quo ante
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Legal status prior to the act complained of Ex) student applicant ddnt pass LAE, wnts to prohibit the entire 1st yr class from enrollment Cant get a PI bec this wasnt the status quo ante b4 the occurrence of the sit Applicants bond is mandatory = no exception Verified complaint filed Ex) 1 Sps is harassing the other Sps Reason why theres a need 4anthr statute bec cant get an injunctive order for a harassing Sps bec status quo ante was living together It CANT order the parties to be separated bec status quo ante was that they were cohabitating b4 Too much corruption, so felt the need to amend the law 1st no WPI can issue unless theres notice & hearing to prevent any corruption so cant be procured ex parte anymore Thus, hearings on a motion for the issuance of a WPI & start to present evidence that might be related to your case By the time you finish w the hearing, the damage may have alrdy been dne so In 1964 rules invented the TRO can issue ex parte valid for only 20dys & w/in this pd a hearing for WPI may be held & the WPI will take over after the 2types of restraining orders: TRO for 20dys WPI life is until rendition of judgment Discovered corruption happens w the 20dy TRO so reqd that this be only issued by a spcfc Ct wc conducts summary hearings (by affidavits) diff from the hearings of the WPI So had to deal w the reality that had to deal w the same judge wc dealt w the same case So exec judge had to raffle it immediately Rule: if WPI or TRO asked for, raffle of the case shld be told to the other party - other party shld be notified of the raffle in order to know who the judge will be (this may be done even b4 summons is served) Possible that b4 raffle and the damage to have been committed alrdy So invented the 72 hr TRO Issued by exec judge summarily only w a life of 72 hrs w/in this pd the case shld be raffled Ct wc gets the case, can issue a TRO for 20dys w/in the 20dy pd, Ct shld conduct hearings in support of the WPI after this, WPI shld issue or be denied WPI becomes moot & academic if thing has alrdy happened Reqs for issuance:
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Can be issued under the 3grounds in R58 TRO for 20 dys: great & irreparable injury incapable of pecuniary estimation TRO 72 hrs: ALL four PLUS extreme urgency CA: 1 TRO only but valid for 60dys wherein hearings are conducted for the issuance of the WPI SC: no more WPI, just 1 TRO, no deadline If TRO is granted, it can last until Ct says it lasts So DONT file a WPI w the SC! Shld request for a TRO alone since it last forever All these amendments still werent enough to forestall the corruption w the TRO So for certain cases, they ban any TRO unless its a final injunction Ex) for govt projs (RA8975) = dsnt make sense if youre on the rcvng end of a govt proj o What the law requests is that you shld as the SC to issue the TRO while main case for final injunction is w the TC = very difficult Ex) X injunctive relief in any agrarian reform activity o Good for farmers but bad for those affected by the proj Ex) indigenous ppls rights, election related matters o Rcvershp: assets need to be managed As opposed to prelim A Shares in a corp, need to put under rcvershp = might need to manage the entire corp Verified complaint filed o Replevin: only applicable from time you file the complaint, b4 ans is filed & only when the axn is to recover possession of personal prop Only applicable during this short pd o Support pendente lite All of these are judicial but auxiallry & ancillary of the same axn Purpose of prov remedies: in order to preserve the evidence Need to balance the rights of the parties o To do this, be clear on the rules of the grounds Wc is why the grounds are well enumerated o Need to give some matl assurance that in case theres a mistake, the other party may get compensation for it Wc is why a bond is reqd Min: an applicants bond In Replevin: applicants & recvrs bond is reqd rd 3 party claims: the same as how u claim from WOEs Claiming on bonds: master R57,s20!!!!
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Discovery Not for the purpose of preserving things Coercive extra-j processes where you can get some judicial reliefs wc may be executed So that the other party may learn something from the other side Inherited US provs on discovery You can take it at anytime after the filing of a complaint Can even take it b4 filing of the complaint Only insofar to see the evidence & examine it (to know the evidence & examine it) Theres an order for discovery: o Interrogatory to parties o Deposition o Admission o Physical or mental examination o Production of documents Its sep but its there in order to get the evidence March23 Exams will cover R1-42, 45, 47, 57-61, 62 interpleaded, 63 C,P,M , 67 eminent domain, 69 partition, 70 FEUD (esp the Summary Procedure part), 71 contempt (direct & indirect) Wont stray away from what has been discussed in class If not discussed, sir will go w the rules itself (meaning text itself) If lengthy discussion (will cover jurisprudence, law, etc) Types of exam: There will be a form = substantial amnt of points o Emphasis on this! Bec knowledge of rules & substantive ideas are reduced to forms eventually Essay or multiple choice o If MC: like examples in class No matching type or T/F Will turn on a word or a case X right wrong If you dont know, attempt! Worst thing is that you have no answer = will have zero chance of hitting it Essay: sir counts the # of sentences o If max of 6just 6; more than that will invalidate the answer
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o Might say no conjuctions, commas, semi-colon o Shld be simple subj-predicate sentences o Ex) did the Ct have J? NO, the Ct didnt(state reason) o Other sentences are allowance for whatever you want to tell sir o The shorter the better, the clearer your writing the better o Not essential qualifiers = lower grade o Answers shld be to the point & give the basis o Give the exact # & paraphrase the rule = higher grade o But can say Rule on allowed (just lower grade) o Use the effective phrases = magic words! o Prob w series of Q: the series of Qs wont tell you what the answer will be so dont look at the series of Qs o Go to the Q first b4 reading the situation BOND PAPER, Write in front & the back; fountain pens or sign pens, Dont write at once, craft outlines, then transfer Answer on the part of the answer sheet provided March 29 (3pm-8pm) can bring food & drinks Rcxvership: be familiar w the basis/grounds for asking for this o Can be requested after judgment has been rendered (s1) o Can be a prov remedy wc is available at the time of appeal o Powers of the rcver: Mgmnt of the assets: mgmnt = ability to be able to collect the income from the prop, being able to apply the prop for its use Can pursue axns for the interest of the prop Bt need to file 1st in Ct o Rcver: just a mgr of an assets under Ct supervision o Movant for this is not necessarily the rcver , itll be 1 of the parties Will file an applicants bond conditioned on damages o Parties will chose the rcver who will take an oath & will file a rcvers bond Rcvers bond: Not conditioned on good judgment but conditioned on negligence & failure to comply w the orders of the CT o Rules allow the rcver some leeway in terms of his business judgment o But the rcver will answer for Ex) malversation of funds, lack of diligence o CANT sell prop unless sale of the prop is what the rcvreshp was for
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o CANT perform acts of strict dominion o Difference from attachment: Attachment: Ct takes custodia legis of the prop Ct just takes possession of the thing Allegation of fraud Prop may not be the subj of the litigation R: Ct manages the prop thru a rcver Theres an allegation that the prop may be dissipated Subj matter of the litigation is what is taken in rcvershp o Diff from PI: PI: puts parties back to the Status quo ante Applies in axns where the final relief is for a final injunction Can be applied for in any axn Grounds are listed R: does something new Dsnt put things/prop (ex. Company) back to its old status Replevin: strictest prov remedy o Most limited application o Upon the filing of an answer, this is no longer availabl o There must be an axn for recovery of prop = so it only in 1 kind of axn Axn = recovery of personal prop o Cant be in quieting of title Bec this is real prop o X be for payment of a sum of money, ejectment o Unlike the other prov remedies, the bond can be easily computed You dont wait for the Ct to set the amnt of the bond o The bond is double the amnt of the prop Theres a built in mechanism to check the amnt = its the amnt stated in the plaintiffs application for replevin o Need not be verified o Just offer to file a bond o Can be discharged by a counterbond wc is the sme amnt of the bond o Once bond is filed, can alrdy take possession of the prop o Why cant be filed after an answer? Difficult to answer o Filing of an answer = natl death of replevin
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o Rules on 3rd party claims still applies Support pendente lite o Easy to apply bec the rules are so broad o Order granting support NVR becomes final o This is the prov remedy wc reaches even after execution of judgment o Nvr becomes final until the dependent is no longer a dependent o Therefore, its never satisfied & case is never terminated o Ct can make orders for restitution if order for support is wrongly issued o Parties dnt show what happened in the past Other prov remedies have to show an imminence of an act o Only show earning capacity capability of parties to earn Thus Ct has to speculate on the evidence Getting a degree dsnt mean your earning capacity is 10x more than some1 else Cts predict & make a decision relative to the other person o Ct has to make a relative decision Not based on preponderance of evidence but on speculation 5 prov remedies o 2 applicable after judgment o 1 available b4 answer filed o Others b4 judgment o Ancillary to the main axn PA: affidavits have to be under oath PI & Rcvershp: shld be verified

DISCOVERY Process to compel the pother party & their witnesses to reveal the facts in their personal knowledge Rep v Sandiganbayan: WON a TC can disallow the taking of a deposition on the ground that the evidence will be taken in the trial anyway o J. Narvasa: Discovery is a fishing expedition wc the parties are allowed since bth of them are alrdy o To arrive at justice, btr for bth parties to know the evidence b4 trial o Concept is that there shld be no surprises during trial o Even if cease is alrdy at trial, when evidence is being presented, can still do discovery not prohibited by the rules MOST are no longer available at judgment or after o Since the purpose of discovery is to reveal evidence
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o In fact, after the trial process 1 discovery procedure still available after: DEPOSITIONS o Available to reveal the assets of the other party o In case 1 party wants more info on potentially newly discovered evidence Most Happens extra-j But Ct may exer some supervision on the modes of discovery

1) DEPOSITIONS Depositions While Axn Is Pending Oral Deposition: o Dnst refer to a simple affidavit o Its a written output of a discovery process or may be the entire process itself o Taking of the testimony of a party or his witness, or your witness, prior to trial or hearing on a motion o B4 an answer is filed, need to file a motion for leave to issue a notice to takethe deposition of a party o After answer is filed, theres a clarity of whats relevant or not relevant, 1 can take the deposition of a witness by notice only Notice: states the time & place & on whom itll happen o Done by any Ct or officer granted auth = can be a notary pub Limitation: not w/in the 6th degree of consanguinity/affinity (2nd cousin), under employment of a party, related to the case Ofcr taking the deposition may excuse himself o Ex) A v B case: A, to prove fact1 will need to present CDE as witnesses, they may alrdy be at pre-trial stage; counsel for B sends notice (simply a lttr) to counsel of A, A & CDEthat on april ___, at 10am, b4 Atty Jason of the UP Law Center, the deposition of CDE will be taken Pd of more than 2 weeks is reasonable enough Rules dont say the time pdso long as reasonable pd B will pay for the expense of the notary pub, & shl pay for the expense of a stenographer To be sure, B will need a subpoena (possible to simply get the notice, leave it w the clerk of Ct, prove the notice was done & can have the clerk issue a subpoena ad testificandum) If its a subpoena duces: need an order from the Ct C will be presented, person who is taking the deposition (B & counsel), counsel of B will ask direct Qs, counsel of A may be present may object to the Qs, but the notary can rule on thiscan only rule on certain Qs If admissibility of smthn said = the notary pub cant make any ruling on this o THUS, you have a lot of leeway to get answers from the Qs you ask o R29: can go to Ct for an order for a spcfc party to answer the Q if the o If dnst comply w the order of the Ct, can be punished for contempt
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And if its the party being deposed (A for example), this party may lose the case After direct Qs, there are cross-examination Qs wc are all taken down by the stenographer Then re-direct & re-cross Bec lots of leeway, can ask all the Qs that you want & test the ability of this person to answer the Q Youre exploring what the witness will say At the end, everything will be transcribed, including theobjections made, and parties & witnesses will sign If domt want to sign, the ofcr will sign & state why they didnt want to sign Itll be sealed, signed by the Ct & given to all the parties You normally depose the witness of the other party But usually, once you start to depose, the other party will usually start to depose If youre good at getting depositions, may help you win the case Can depose the party himself Youll get a docum & submit this to the CT Can request that the deposition be suspended 1st File a motion to li it the examination s16, or to terminate it Can move the Ct to supervise the activity by limiting the deposition Ideally, for ea witness of the other side, you have copies of their comments arldy Deposition DSNT substitute the the taking of testimony during trial If you feel the deposition is worth it, can confront the witness w the statements made in deposition Can confront the witness w the deposition made & ask them why them made the statement wc is contrary to the statement you just made in Ct = Impeachment of a witness Locate the place & time, confront him w the statement Witnesses credibility on that fact will be in Q For every deposition that you use in Ct, the other party may also make use of it & have it put on record Upon use of the deposition, other party may request that the other parts will be made of record Uses: 1) to impeach a witness 2) using the deposition as a substitute to the testimony of a witness Ex) A witness what C ds, but C is critical to fact1; A may use the deposition & make it a substitute as the testimony of the witness Ex) if lives farther than 100km from the Ct Have it entered formally in evidence during trial No prohibition w having 1 witness w 2 diff depositions Disadv: difficult to manage Generally only to impeach, however if conds exist wc show the inability to show effectivity of the When deposition is used to impeach, dont make the deponent the witness = IMPT
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 Cant impeach your own witness, cant cross examine unless made consideration by the other side o By taking a deposition of a witness, you arent making that person a witness o But if you use the entire deposition, instead of a testimony, you make the witness your witnees o Can take a deposition of ht eparty itself NO right against self-incrimination bec theres nothing thatll result in self-incrimination Deposition of thier party may be used for anything o You might want to test the witness o Atty client privilege covers the counsel & not the party/witness If its a witness, theres no atty-client privilege Thus, can ask the witness if the counsel told him to act/say certain things o S15, & 18 are impt as a defense for deposition o If notice properly served, you dont appear neither ds the other party Deposition by written interrogatories: In lieu of Qs orally being asked by the counsel, its written & served on the ofcr & the other party Other party will file cross examination Only just the ofcr who reads the Qs & the witnesses answers S16 allows the party to go to Ct Need to undergo sm oral examination 1st Deposition prior to filing an axn o If you have reason to belve that the party wont show up in the axn o Need to file a pet naming the possible defendants & the time & [lace o Impt for witnesses who want to go abroad or is abt t0 die o Need to obtain potential defendants, but are not reqd to attend o To perpetrate the testimony of someone o Cts basis for allow perpetuation is the matl relation of the testimony the case Depositions generally: Can depose after judgment Can have depositions b4, during & even after trial Only reaches testimonial evidence Take deposition when you alrdy know who will be involved Person who wants the deposition will pay for the expenses Objections relating to the notice is waived if not raised immediately Objections to notary pub is waived unless you immediately raise it b4 the notary pub/ofcr
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If a MTD is filed, theres no ans so you have to file a motion for leave to take depositions Objections to the Qs cant be ruled upon Objections that can obviate impediments at time of trial, shld be made or deemed waived Any objection to the transdating, transcribing, signing or sealing of docum are waived UNLESS a motion to suppress is filed w the Ct where the case is pending o Manner of taking, transcription, form, signatures & sealing o Any objections cannot be entertained by the CT if no motion is filed Deposition for a COA is valid ONLY for that COA But if case has been dismissed (ex. under R17.1) any deposition used in the proceeding may be used later on Can use the ofc stenographer to take the deposition 2) INTERROGATORY TO PARTY Examination of the witness in writing Least expensive & easiest bec all you need to do is: o If hteres an answer, can go directly to the party o If no answer just get leave of Ct for you to serve Qs to the other party Other party MUST answer w/in 15dys under oath Only available if given to the toehr party 15dys wont run if given to the counsel Ex) what evidence will you show to prove fact1? o What evidence will you be presenting for this fact? Value: the party HAS to answer Try to predict how the other partys lawyer will teach them how to answer Qs shld be more controlled, can ask as many Qs as you want o Limitation: can only serve 1 interrogatory per party Allows you to scan the knowledge of the party himself Answer shld be under oath Xstenographer, just cost of your time to think of the Qs & the paper Paper need not have a caption Just a letter to the other party R25,s1: we are hereby filing this interrogatory attached to this letterif you have any Qs relating to this, pls call this lawyer Normally take interrogatory to party 1st b4 deposition o This way, you might find out who are the witnesses alrdy CANT call the adverse witness to the witness stand during trial UNLESS you can prove that you served an interrogatory on him BUT you can call the counsel of the adverse party o But hell probably keep saying its protected by atty-client privilege
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Wo an interrogatory or reqest for admission from the adverse party, cant bring other witness stand Informs you of the where, what of the pcs of evidence But can be used to impeach the other party Ex) please enumerate all the witnesses that you intend to present o Other party will be constrained to comply w this 3) ADMISSIONS BY THE PARTIES Cant simply repeat the complaint UF will eventually be denied or admitted by the other party Cheap way to discover Qs must be answered only by Yes or No = admission & denial Admission of a fact, contents of a docum, etc You shld be able to prove that it dsnt exist, but you want to put the person in a corner Can serve as many Qs as you want, but can serve ONLY ONE You can serve an interrogatory after you serve this since this is broader (broader Qs and answers) CANT translate all the allegations in the complaint to a yes or not Q Admission of the other party shld be other than UF wc are alrdy in the complaint Answer w/in 15dys ON THE PARTY If during presentation of evidence, its shown that the party lied in t eadmission, remedies: o Entire set of facts they want to prove w the docum is stiken out o Can ask for reimbursement for attys fees & expenses Powerful weapon to constrain the party b4 they come to trial If other party dsnt answer, its deemed admitted 4) PHYSICAL OR MENTAL EXAMINATION OF THE DEFENDANT/RESPONDENT Ask Ct for an order for this Ex) annulment of marriage, psychological incapacity The doctor who is examining, may even give you the Qs that you may ask Can ask the Ct for an order to compel examination Breach of any right to privacy here? None Breach of patient doctor rel? None, bec the patient is examined by a doctor by order of the Ct, so no confidentiality Person examined can always have himself examined against o Can view the report If party examined wants to get a copy of the report, he waives the privileges that it has w his physician of its own choice
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o So cant claim the patient-doctor privilege Other option is to wait until its presented in Ct, then cross-examine 5) INSPECTION & PRODUCTION OF RECORDS Can enter any relevant area to do inspection w the order of the Ct

Discovery (again..) Interrogatory & admission: addressed to the other party Deposition: involves witnesses Gen rule in discovery: service on the counsel dsnt operate for the time pd to start, shld be notice to the party 1,2,3 = can be used anytime 4= only when its an allegation in the case Refusal to comply may be visited by contempt On-appearance can cause the party to appeared. Other remedies are applicable If a party refuses to answer a Q, you can request the Ct to have this issue dissolved in this case If you dont comply w discovery procedures, its visited w consequences wc may be fatal to your case When file a case, send admission & interrogatory asap Deposition is more costly but might be more worth it Can avail of this while trial is ongng Not much jurisprudence since not many are availing of it o Although its very simply Also, even if it becomes controversial, its settled in the TC For the purpose of knowing & handling the evidence o To know how to use it, in order to gain leverage for your case You get info from discovery, youre under NO COMPULSION to present it in Ct But the other party can present it in Ct White lies arent punishable in trial Scope of discovery: is broader than what you will present in Ct o Bt btr to know where you stand in Ct SPECIAL CIVIL AXNS Ordinary civ axns have diff procedures Comprised of only 1 remedy & 1 rule Its spcl bec its unique
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Theres a departure form the procedure, as compared to the ordinary civ axns If not provided for, rules in civ axns are suppletory You have to look at & examine whats unique in these processes CANT join to another COA (R2,s5) But a CC can be filed

R62: Interpleader Balabastro v CA You get a final order to the parties who are your defendants who file a case against each other R65: certiorari, prohibition, mandamus Discretionary petition Reqs: 1) Allegation shld contention that the act of the Ct/ofcr was: o In excess of its J = no o It had auth b4 but exceeded it o In exer of auth there was arbitrariness, capri 2) Appeal isnt available, no other plain speedy adequate remedy in the course of law 3) attach a certified true copy of what youre attacking o Petition shld be verified 4) act w/in 60 dys from service of the notice of the order/axn Procedure is similar to R38 Ct can examine if its sufficient form & substance, Ct will give it due course Can order other person to comment When comment is filed, then issues have been tendered at this point You state the facts & then state your grounds for the relief demanded Sometimes alrdy contains your arguments Dont put your entire memoranda in the petition/complaint o Dont write as if youre writing an annotation for a law firm o Write as if youre writing for experts o Being sparse is good o Petition shld be shortonly sufficient to get the Cts interest Bec after the comment of the other side, youll know how to craft your final memoranda to cover all the issues at hand Mistake: file a prohibition on an impt matter wc is 100 pgs long
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o Btr if its shorter = 30 pgs Prefatory statement: X effect but its there to gather attention o Opening line Final note: for the SC to get the sense of how urgent the petition is o Only used sometimes After comment is filed, if SC, itll decide whether itll conduct hearings If no necessity for presentation of evidence, no need for oral hearings Oral hearings are super discretionary on the part of the Ct since they If impt enough, will set it for oral arguments to show: o Smthn is happening o To discuss policy arguments In oral arguments, youre o Rem: youre focusing the argument, not making the argument o You focus on the area of law that you want them to remember Then final order = wc can be appealed Certiorari: pet wc results in a relief annulling an axn Prohibition: Final injunctive order = you prevent an act Mandamus: issues only when theres a clear leg duty= the presentation from the duty holder has alrdy been breached o There shld be a clear right & duty o Only happens in cases where there is a clear leg right o Pre-trial isnt set o After all pleadings are filed, its the duty of the Ct to set the case for pre-trial o But, rem that some really viable remedies arent too practical

R67: Eminent domain Shows multiple appeals MTDs arent allowed Allows the filing of an answer only, all defenses shld be there Allows the party to accept the condemnation Only thing in issue is the just compensation Looks at: o Is there auth to condemn o Amnt of just compensation 3 commissioners are appointed by the Ct Plaintiff MUST have the power to expropriate
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Usually the RP, and Incapable of pecuniary estimation bec main axn is not abt the amtn Title only passes upon full payment of just compensation

R69: Partition Similar to eminent domain Look into who is the owner R70: FEUD SP there are motions wc are prohibited, there are presentation of evidence THRU affidavits There are time pds for taking the axn o Failure to comply = sorry! o Time pds are jurisdictional UD: Possession was legal at the start but later became unlawful FE: theres force, intimidation, strategy, threat and stealth (FISTS) Judgment in MTC is immediately executor o Thus, there may be transfer of possession immediately o Subj to filing of a supersedeas bond Only done by MTC If answer raises ownership, MTC still has J R71: direct & indirect contempt Direct contempt: disrespect to the Ct during proceedings or in from of it Indirect: happens not b4 open Ct but outside of it 2 choices: o By motion: file w same CT to cite party in contempt o Sep axn: file a verified petition Order may detain the person physically or ask him to pay a fine Ct has a discretion to the amnt of the penalty

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