General jurisdiction - the power to adjudicate all controversies except those expressly withheld

from the plenary powers of the court;

Special or limited jurisdiction - which restricts the court's jurisdiction only to particular cases
and subject to such limitations as may be provided by the governing law.
Original jurisdiction - the power of the court to take judicial cognizance of a case instituted for
judicial action for the first time under conditions provided by law; and
Appellate jurisdiction - the authority of a court higher in rank to reexamine the final order or
judgment of a lower court which tried the case now elevated for judicial review.
Exclusive jurisdiction - the power to adjudicate a case or proceeding to the exclusion of all
other courts at that stage;
Concurrent jurisdiction – sometimes referred to as confluent or coordinate jurisdiction,
which is the power conferred upon different courts, whether of the same or different ranks, to
take cognizance at the same stage of the same case in the same or different judicial territories.

Republic Act No. 7691 March 25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING
FOR THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE
"JUDICIARY REORGANIZATION ACT OF 1980"
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act
of 1980", is hereby amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original
jurisdiction.
"(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
Breach of contract or specific performance
"(2) In all civil actions which involve the title to, or possession of, real property, or any interest
therein, where the assessed value of the property involved exceeds Twenty thousand pesos
(P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos
(P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings
(regardless the value of the property), original jurisdiction over which is conferred upon the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;
EJECTMENT – is a form of recovery of personal property

- Either forcible entry or unlawful detainer

The three kinds of action for the recovery of possession of real property are:
a. Accion interdictal, or an ejectment proceeding under this Rule, which may be either that for
forcible entry (detentacion) or unlawful detainer (desahucio), which is a summary action for the
 recovery of physical possession where the dispossession has not lasted for more than one year,
and should be brought in the proper inferior court;
b. Action publiciana, or the plenary action for the recovery of the real right of possession, which
should be brought in the proper Regional Trial Court when the dispossession has lasted for more
than one year; and
c. Action reivindicatoria, or action de revindication, which is an action for the recovery of
ownership (and which includes the recovery of possession) which must also be brought in the
proper Regional Trial Court (see Firmeza vs. David, 92 Phil. 733; Emilia vs. Bado, L-23685,
April 25, 1968).
"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One
hundred thousand pesos (P100,000.00) (use elsewhere) or, in Metro Manila, where such demand or
claim exceeds Two hundred thousand pesos (P200,000.00);
"(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds
One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such
gross value exceeds Two Hundred thousand pesos (P200,000.00);
Estate: inheritance tax, property left by the deceased
"(5) In all actions involving the contract of marriage and marital relations;
contract of marriage: nullity of marriage, legal separation
marital relations: support, fidelity, constitution of family home

"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial
functions;
"(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a
Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by
law; and
"(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds
One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the
demand exclusive of the abovementioned items exceeds Two Hundred thousand pesos
(P200,000.00)."
Distinction between jurisdiction and venue:
a. Jurisdiction is the authority to hear and determine a case; venue is the place where the case is to
be heard or tried.
b. Jurisdiction is a matter of substantive law; venue is a matter of procedural law.
c. Jurisdiction establishes a relation between the court and the subject-matter; venue, a relation between
plaintiff and defendant, or petitioner and respondent.
d. Jurisdiction is fixed by law and cannot be conferred by the parties; venue may be conferred by the act
or agreement of the parties (Manila Railroad Co. vs. Attorney-General, 20 Phil. 523).
e. Jurisdiction can not be waived; venue can be waived
Venue
REAL ACTION:
Actions affecting title to or possession of real property, or interest therein, shall be commenced
and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a
portion thereof, is situated.
Forcible entry and unlawful detainer actions shall be commenced and tried in the municipal trial
court of the municipality or city wherein the real property involved, or a portion thereof, is situated (Rule
4 Section 1).
PERSONAL ACTION:
All other actions may be commenced and tried where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a
non-resident defendant where he may be found, at the election of the plaintiff (Rule 4 Section 2).
ACTION IN REM:
If Any of the defendants does not reside and is not found in the Philippines, and the action affects
the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action
may be commenced and tried in the court of the place where the plaintiff resides, or where the property or
any portion thereof is situated or found (Rule 4 Section 3).

Distinction between Personal and Real Actions:

This is important for the purpose of determining the venue of the action.

Real Action Personal Action

1. An action that affects the title to or possession 1. All others are personal actions.
of real property, or interest therein.
2. When it is founded upon the privity of real 2.
estate, which means that the realty or an interest
therein is the subject matter of the action. The
issues involved in real actions are title to,
ownership, possession, partition, foreclosure of
mortgage or condemnation of real property.
*not every action involving real property is a real
action because the realty may only be incidental
to the subject matter of the suit.

Example: action for damages to real property,

while involving realty is a personal action because
although it involves real property, it does not
involve any of the issues mentioned.
3. Based on the privity of real estates 3. Base on privity of contracts or for the recovery
of sums of money.
4. Local - which means that its venue depends 4. Transitory – which means that its venue
upon the location of the property involved in the depends upon the residence of the plaintiff or the
litigation. defendant at the option of the plaintiff.
In rem:
One instituted and enforced against the whole world
In personam:
One filed against a definite defendant. It is intended to subject the interest of defendant on a
property to an obligation or lien. Jurisdiction over the person (defendant) is required. It is a proceeding to
enforce personal rights and obligations brought against the person, and Is based on the jurisdiction of the
person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to
compel him to control or dispose of it in accordance with the mandate of the court.
The purpose is to impose through the judgment of a court, some responsibility or liability directly
upon the person of the defendant. No other than the defendant is liable, not the whole world , as in an
action for a sum of money or an action for damages.
Non-sequitur Rule:
An action in personam is not necessarily a personal action. Nor is a real action necessarily an
action in rem. An in personam or an in rem action is a classification of actions according to foundation.
For instance, an action to recover title to or possession of real property is a real action, but it is an action
in personam, not brought against the whole world but against the person upon whom the claim is made.

Cause of Action - Procedural

Sources of Obligation:
1. Law
2. Contracts
3. Quasi Contracts
4. Delicts
5. Quasi delicts

Right of Action
 Substantive
 Delimitation on the power of a party-defendant
Examples of Right of Action:
1. Prescription – lapse of time, barred the cause of action
2. Laches – unreasonable amount of time to bring an action in court
3. Condonation
4. Estoppel – acquiescence of belief

Chapter 4: Pre-filing of a civil action (Preparing a complaint)

Complaint
- is the pleading alleging plaintiff’s cause or causes of action.
- The names and residence of plaintiff and defendant must be stated in the complaint (Rule 6
Section 3).
 - A civil action is commenced by the filing of the original complaint in court. If an additional
defendant is impleaded in a later pleading, the action is commenced with regard to him on the
date of the filing of such later pleading, irrespective whether the motion for its admission, if
necessary, is denied by the court (Rule 1, Section 5).
- So, there are 2 players, Plaintiff (offense) and Defendant (defense).

What shall a complaint contain?

1. Substantive elements:
a. Cause of action
b. Evidentiary facts
c. Judicial Affidavits
d. Actionable Documents
2. Formal Elements
a. Certificate of non-forum shopping
b. Verification
c. Signature

1. Substantive elements:
a. Cause of action
 Every ordinary civil action must have be based on a cause of action (Rule 2, Section 1).
Elements:
1. Legal Right of the plaintiff
2. Correlative Obligation of the defendant to respect such right
3. Acts or omission of defendant in violation of plaintiff’s legal right
SPLITTING OF CAUSE OF ACTION

 NO SPLITTING PLEASE – a party may not institute more than one suit for a single
cause of action. Otherwise, the filing of one or a judgment upon the merits in any one is
available as a ground for the dismissal of the others (Rule 2, Section 4).
A party seeking to enforce a claim must present to the court, by pleadings or
proof, all the grounds upon which he expects a judgment in his favor.
He is not at liberty to split the demands and prosecute it by piecemeal or present
only a portion of the grounds upon which a special relief is sought and leave the rest to be
presented in a second suit if the first one fails.
CASE: Riviera Golf vs. CCA Holdings GR No. 173783 June 17, 2015
JOINDER OF CAUSES OF ACTION (RULE 2, SECTION 5)
A party may in one pleading assert, in the alternative or otherwise, as many causes of
action as he may have against an opposing party, subject to the following conditions:
a. The party joining the causes of action shall comply with the rules on joinder of parties;
b. The joinder shall not include special civil actions or actions governed by special rules;
 c. Where the causes of action are between the same parties but pertain to different venues
or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of
the causes of action falls within the jurisdiction of said court and the venue lies therein;
and
d. Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.
NOTE: Rule 2, Section 6. Misjoinder of causes of action. – Misjoinder of causes of action is not a
ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the
initiative of the court, be severed and proceeded with separately.
1. Indispensable parties are those with such an interest in the controversy that a final decree would
necessarily affect their rights, so that the court cannot proceed without their presence.
2. Necessary parties are those whose presence is necessary to adjudicate the whole controversy but
whose interests are so far separable that a final decree can be mad e in their absence without affecting
them (Wyoga Gas & Oil Corp. vs. Schrack, 1 Fed. Rules Service, 292, cited in 1 Moran 191, 1979 Ed.).

 RIGHT OF ACTION – a right of plaintiff to begin and prosecute an action in the courts.
 REAL PARTY IN INTEREST – one who stands to be benefited or injured by the
judgment in the suit or the party entitled to the avails of the suit.
RECAP:
1. Must be brought by a real party-in-interest
2. Must comply with joinder of causes of action
3. Also, with joinder of parties

Can the Court order plaintiff to amend his complaint to bring in another party?
- YES, the court can. Provided in order to afford complete relief.

- RULE 3, Section 11. Misjoinder and non-joinder of parties. – Neither misjoinder nor non-
joinder of parties is ground for dismissal of an action. Parties may be dropped or added by
order of the court on motion of any party or on its own initiative at any stage of the action
and on such terms as are just. Any claim against a misjoined party may be severed and
proceeded with separately.

CLASS SUITS (RULE 3 SECTION 12)

When the subject matter of the controversy is one of common or general interest to many persons
so numerous that it is impracticable to join all as parties, a number of them which the court finds to be
sufficiently numerous and representative as to fully protect the interests of all concerned may sue or
defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual
interest.

Class suit vs. Derivative suit

A derivative suit is a suit in equity that is filed by a minority shareholder in behalf of a
corporation to redress wrongs committed against it, for which the directors refuse to sue, the real
party in interest being the corporation itself.
 A Class suit is filed in behalf of several persons so numerous that it is impracticable to
join all parties.

DEATH OF A PARTY
Rule 3, Section 16. Death of party; duty of counsel. – Whenever a party to a pending action dies,
and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within
thirty (30) days after such death of the fact thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to comply with this duty shall be a ground for
disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased, without requiring
the appointment of an executor or administrator and the court may appoint a guardian ad litem for the
minor heirs.
The purpose behind the rule on substitution is the protection of the right of every party to due
process. It is to ensure that the deceased party would continue to be properly represented in the suit
through the duly appointed legal representative of his estate. Non-compliance with the rule on substitution
would render the proceedings and the judgment of the trial court infirm because the court acquires no
jurisdiction over the persons of the legal representatives or of the heirs on whom the trial and the
judgment would be binding.
When the action is for recovery of money arising from contract, express or implied, and the
defendant dies before entry of final judgment in the court in which the action was pending at the time of
such death, it shall not be dismissed but shall instead be allowed to continue until entry of final judgment.
A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially
provided in these Rules for prosecuting claims against the estate of a deceased person (Rule 3, Section 20.
Action on contractual money claims).

b. Evidentiary facts
Ultimate facts - are the important and substantial facts which either directly form the basis of the
plaintiff's primary right and duty or directly make up the wrongful acts or omissions of the defendant
(Alsua us. Johnson, 21 Phil. 308). A fact is essential if it cannot be stricken out without leaving the
statement of the cause of action or defense insufficient (Toribio, et al. vs. Bid in, etc., et al, G.R. No.
57821, Jan. 17, 1985). Hence, conclusions, inferences, presumptions, and details of probative matters
should not be alleged.
Evidentiary facts - are those which are necessary to prove the ultimate fact or which furnish
evidence of the existence of some other facts. They are not proper as allegations in the pleadings as they
may only result in confusing the statement of the cause of action or the defense. They are not necessary
therefor, and their exposition is actually premature as such facts must be found and drawn from
testimonial and other evidence.
MANNER OF MAKING ALLEGATIONS IN THE COMPLAINT
Evidentiary facts: how to be alleged in the complaint:

 Every pleading shall contain in a methodical and logical form, a plain, concise and direct
statement of the ultimate facts, including the evidence, on which the party pleading
relies for his [or her] claim or defense, as the case may be (RULE 8 SECTION 1 para. 1).
  If a cause of action [or] defense relied on is based on law, the pertinent provisions thereof
and their applicability to him or her shall be clearly and concisely stated (RULE 8
SECTION 1 para. 2).
 A party may set forth two or more statements of a claim or defense alternatively or
hypothetically, either in one cause of action or defense or in separate causes of action or
defenses. When two or more statements are made in the alternative and one of them if
made independently would be sufficient, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements (RULE 8, SECTION 2).
 RULE 7 Section 6. Contents. – Every pleading stating a party’s claims or defenses
shall, in addition to those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided that the judicial affidavits
of said witnesses shall be attached to the pleading and form an integral part thereof. Only
witnesses whose judicial affidavits are attached to the pleading shall be presented by the
parties during trial. Except if a party presents meritorious reasons as basis for the
admission of additional witnesses, no other witness or affidavit shall be heard or admitted
by the court; and
(c) Documentary and object evidence in support of the allegations contained in the
pleading. (n)

c. Judicial Affidavits
Only those with Judicial Affidavits can appear in trial

d. Actionable Documents
Doctrine of Actionable Documents
Whenever an action or defense is based upon a written instrument or document, the substance of
such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be
attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading (RULE 8
Section 7. Action or defense based on document).
How alleged in the complaint:
Upon motion made by a party before responding to a pleading or, if no responsive pleading is
permitted by these Rules, upon motion made by a party within twenty (20) calendar days after the service
of the pleading upon him or her, or upon the court’s own initiative at any time, the court may order any
pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or scandalous
matter be stricken out therefrom (Rule 8, Section 13. Striking out of pleading or matter contained therein).
Plaintiff can amend his complaint as a matter of right before an answer:
- once only
- Amendments can be substantial or formal
- Sec. 2, Rule 10, New Rules (Amendments as a matter of right. – A party may amend his [or her]
pleading once as a matter of right at any time before a responsive pleading is served or, in the
case of a reply, at any time within ten (10) calendar days after it is served.
Judge RJ’s observation:

 Welcomed innovation under the Rules

 Avoid fishing expedition upon filing of the case
 Requires plaintiff to be ready with his evidence for inspection by the other party.
 Must be correlated to the new rule on verification.

DOCKET FEES – amount of money assessed to the litigant, paid to the Clerk of Court. Can be paid
in cash, check (no personal check).

- If does not pay, can be dismissed.

- See Algura Case
 Upon the filing of the pleading or other application which initiates an action or proceeding, the
fees shall be paid in full (Rule 141)
 Meaning: “no lay-away”
Assessed Value – based on the tax, to be assessed by the Municipal, City or Provincial Assessor
Market Value – assessed by the BIR, done on the area
Docket fees to be paid within period is mandatory
The rule is that payment in full of the docket fees within the prescribed period is MANDATORY.
JUDGE’S PRO TIP: If not so paid, opposing party should move for the dismissal of the complaint.
Jurisdiction over plaintiff is acquired when the action is commenced by the filing of the complaint and the
payment of the correct docket fees.
In MANCHESTER vs. CA, GR No. 75919, it was held that a court acquires jurisdiction over any
case only upon the payment of the prescribed docket fee.
However, relaxed two (2) years after in the case of Sun Insurance Office, Ltd., et al. vs.
Asuncion, et al., G.R. Nos. 79937-38, Feb. 13, 1989, wherein the Court decreed that where the initiatory
pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within
a reasonable period of time, but in not beyond the applicable prescriptive or reglementary period. This
ruling was made on the premise that the plaintiff had demonstrated his willingness to abide by the rules
by paying the additional docket fees required.
Recent case of United Overseas Bank vs. Ros, G.R. No. 171532 (August 7, 2007), the Court
explained that where the party does not deliberately intend to defraud the court in payment of docket fees,
and manifests its willingness to abide by the rules by paying additional docket fees when required by the
court, the liberal doctrine enunciated in Sun Insurance Office, ltd., and not the strict regulations set in
Manchester, will apply. It has been on record that the Court, in several instances, allowed the relaxation
of the rule on non-payment of docket fees in order to afford the parties the opportunity to fully ventilate
their cases on the merits.

Who is a Pauper Litigant?

1. Plaintiff files a motion to litigate as a pauper litigant
 2. Plaintiff files an affidavit to the effect that he and his immediate family do not earn a gross
income abovementioned, and they do not own any real property with the fair value aforementioned,
supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. The
current tax declaration, if any, shall be attached to the litigant’s affidavit.
3. If he meets the requirement, the Court grants the same as a matter of right.
4. If the court finds that one or both requirements have not been met, it would set a hearing to
enable the applicant to prove that the applicant has no money or property sufficient and available for
food, shelter and basic necessities for himself and his family. In that hearing, the adverse party may
adduce countervailing evidence to disprove the evidence presented by the applicant; after which the trial
court will rule on the application depending on the evidence adduced.
5. The adverse party may later still contest the grant of such authority at any time before
judgment is rendered by the trial court, possibly based on newly discovered evidence not obtained at the
time the application was heard. If the court determines after hearing, that the party declared as an indigent
is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be
assessed and collected by the clerk of court. If payment is not made within the time fixed by the court,
execution shall issue or the payment of prescribed fees shall be made, without prejudice to such other
sanctions as the court may impose.

2. Formal Elements
FORMAL REQUIREMENTS OF A COMPLAINT:
Parts of a complaint:
A. Caption
B. Body (paragraphs, heading, relief, date)
C. Signature and address
D. Verification
E. Certification against forum-shopping
Why is it important?
A. Caption – identification of the case
B. Body – allegations of complaint are determinative of jurisdiction, cause of action, right of
action
C. Signature and address – only lawyers can sign pleadings, accountability of parties/counsel
D. Verification – it is intended to secure an assurance that the allegations in the pleading are true
and correct and not the product of the imagination or a matter of speculation and that the pleading is filed
in good faith. Absence thereof is cause to treat the pleading as unsigned and dismissible.
E. Certification against forum-shopping
a. Certificate of non-forum shopping
The plaintiff or principal party shall certify under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed
therewith:
(a) that he [or she] has not theretofore commenced any action or fi led any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his [or her] knowledge, no
such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the present status
thereof; and
(c) if he [or she] should thereafter learn that the same or similar action or claim has been filed or
is pending, he [or she] shall report that fact within five (5) calendar days therefrom to the court wherein
his [or her] aforesaid complaint or initiatory pleading has been filed.

MCLE COMPLIANCE (BAR MATTER NO. 1922)

REQUIRE practicing members of the bar to INDICATE in all pleadings filed before the courts or
quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or
Certificate of Exemption, as may be applicable, for the immediately preceding compliance period. Failure
to disclose the required information would cause the dismissal of the case and the expunction of the
pleadings from the records.

b. Verification
Rule 7 Section 4. Verification. – Except when otherwise specifically required by law or rule, pleadings
need not be under oath or verified.
A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a
special power of attorney, should be attached to the pleading, and shall allege the following attestations:
(a) The allegations in the pleading are true and correct based on his or her personal
knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the
cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for discovery.
The signature of the affiant shall further serve as a certification of the truthfulness of the
allegations in the pleading.
A pleading required to be verified that contains a verification based on “information and belief,”
or upon “knowledge, information and belief,” or lacks a proper verification, shall be treated as an
unsigned pleading. (4a)

c. Signature of counsel
 (a) Every pleading [and other written submissions to the court] must be signed by the party or
counsel representing him or her.
(b) The signature of counsel constitutes a certificate by him or her that he or she has read the
pleading and document; that to the best of his or her knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing
jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so identified, will
likely have evidentiary support after availment of the modes of discovery under these [R]ules;
and
(4) The denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information.
(c) If the court determines, on motion or motu proprio and after notice and hearing, that this
[R]ule has been violated, it may impose an appropriate sanction or refer such violation to the proper
office for disciplinary action, on any attorney, law firm, or party that violated the rule , or is
responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly and
severally liable for a violation committed by its partner, associate, or employee. The sanction may
include, but shall not be limited to, non-monetary directive or sanction; an order to pay a penalty in court;
or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant
of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation,
including attorney’s fees for the filing of the motion for sanction. The lawyer or law firm cannot pass on
the monetary penalty to the client.

Sanctions vs, party or lawyer:

1. If the court determines, on motion or motu proprio and after notice and hearing, that this [R]ule has
been violated,
2. The Court may impose an appropriate sanction or refer such violation to the proper office for
disciplinary action, on any attorney, law firm, or party that violated the rule, or is responsible for the
violation.
3. Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation
committed by its partner, associate, or employee.
4. The sanction may include, but shall not be limited to, non-monetary directive or sanction;
5. An order to pay a penalty in court; or,
6. If imposed on motion and warranted for effective deterrence, an order directing payment to the movant
of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation,
including attorney’s fees for the filing of the motion for sanction.
NOTE: The lawyer or law firm cannot pass on the monetary penalty to the client.
NOTICE OF LIS PENDENS
Rule 13, Section 19. Notice of lis pendens. – In an action affecting the title or the right of
possession of real property, the plaintiff and the defendant, when affirmative relief is claimed in
his or her answer, may record in the office of the registry of deeds of the province in which the
property is situated a notice of the pendency of the action. Said notice shall contain the names of
the parties and the object of the action or defense, and a description of the property in that
province affected thereby. Only from the time of filing such notice for record shall a purchaser,
or encumbrancer of the property affected thereby, be deemed to have constructive notice of the
pendency of the action, and only of its pendency against the parties designated by their real
names.
The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the
court, after proper showing that the notice is for the purpose of molesting the adverse party, or
that it is not necessary to protect the rights of the party who caused it to be recorded. (14a)
EPISODE 2: PENDING ACTION

COURT TO ISSUE ORDER:

 Court determines if the complaint is on its face dismissible under Section 1, Rule 9, ROC
 Court shall, within five (5) calendar days from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk of court to issue summons to defendants.

Defenses/Objections not pleaded deemed waived (Fantastic 4)

1. No jurisdiction over the subject matter of the claim;
2. Another action pending between the same parties for the same cause;
3. Action barred by prior judgment;
4. Action barred by statute of limitations.

SUMMON
Chapter 1: Clerk of Court issues Summons

Summons (Rule 14)

 An order or writ commanding defendant to appear before the Court
  30 calendar days from receipt to file an answer
 If not, a judgment by default will be taken and maybe granted the relief applied for.
JUDGE’S PRO TIP: this is one of the modes of acquiring jurisdiction over the person of the
defendant.

Modes of Service of Summons:

1. Personal
2. Substituted
3. Constructive
4. Extra-territorial Service
NOTE: Number 1 and 2 are for Natural Persons.
EXPLANATION OF EACH MODES:
1. Personal – by handling a copy thereof to defendant in person, if he refuses to receive or
sign, by tendering it to him.
2. Substituted

3. Constructive
4. Extra-territorial Service

Go to page 34 of Screenshot
PRE-TRIAL CONFERENCE
After the last responsive pleading has been served and filed, the branch clerk of court
shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not
later than sixty (60) calendar days from the filing of the last responsive pleading.

NOTICE OF PRE-TRIAL
The notice of pre-trial shall include the dates respectively set for:
(a) Pre-trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary.
Non-appearance at any of the foregoing settings shall be deemed as nonappearance at the
pre-trial and shall merit the same sanctions under Section 5 hereof.

Rules 23 to 28 provide for the different modes of discovery that may be resorted to
by a party to an action:
a) Depositions pending action (Rule 23);
b) Deposit ions before action or pending appeal (Rule 24);
c) Interrogatories to parties (Rule 25);
d) Admission by adverse party (Rule 26);
e) Production or inspection of documents or things (Rule 27); and
f) Physical and menta l examination of person s (Rule 28).

MODES OF DISCOVERY
1. Depositions – party desires to take the testimony of a witness (oral or written).
2. Written Interrogatories – party desires to elicit material and relevant facts from any
adverse party.
3. Request for Admission – party desires to admit genuineness of any material and relevant
document.
4. Physical/Mental Examination – where mental or physical condition of a party is in
controversy.
5. Production/Inspection of Document – produce and inspect documents or other
evidence.
PRINCIPAL BENEFITS
 1. It is of great assistance in ascertaining the truth and preventing perjury because the
witness is examined while his memory is still fresh, he is generally not coached, he
cannot at a later date contradict his deposition, and his deposition is preserved in case he
becomes unavailable;
2. It is an effective means of detecting and exposing fake, fraudulent and sham claims
and defenses;
3. It makes available in a simple, convenient and often inexpensive way facts which
otherwise could not have been proved later;
4. It educates the parties in advance of trial on the real values of their claims and
defenses, thereby encouraging settlements out of court;
5. It expedites the disposal of litigations, saves the time of the court and helps clear the
dockets;
6. It safeguards against surprise at the trial, prevents delays, simplifies the issues, and
thereby expedites the trial; and
7. It facilitates both the preparation and trial of cases (Fortune Corporation vs. CA, et
al., G.R. No. 108119, Jan. 19, 1994).
PURPOSE OF THE MODES OF DISCOVERY:
1. To narrow and clarify basic issues between the parties,
2. As a device for ascertaining the facts relative to those issues
3. To support a motion for summary judgment (Rule 35)

RULE 23
General Principles
 By leave of court after jurisdiction has been obtained over any defendant or over property
which is the subject of the action, or without such leave after an answer has been served
(OLD RULE)
 Upon ex-parte motion of a party (NEW RULE)
Depositions
By leave of court, the testimony of any person, whether a party or not, may be taken by
deposition upon oral examination or written interrogatories. The attendance of witnesses may be
compelled by the use of a subpoena as provided in Rule 21. Depositions shall be taken only in
accordance with these Rules. The deposition of a person confined in prison may be taken only by
leave of court on such terms as the court prescribes.
 Addressed to any person whether party to the action or not at the instance of any party.
 Purpose is to obtain oral or written admissions from the witness.
RULE 25
Written Interrogatories
 Any party desiring to elicit material and relevant facts from any adverse parties shall file
and serve upon the latter written interrogatories to be answered by the party served or, if the
party served is a public or private corporation or a partnership or association, by any officer
thereof competent to testify in its behalf.
Answered fully in writing and shall be signed and sworn to by the person making them.
The party upon whom the interrogatories have been served shall file and serve a copy of the
answers on the party submitting the interrogatories within fifteen (15) calendar days after service
thereof, unless the court, on motion and for good cause shown, extends or shortens the time.
RULE 26
Request for Admission
 By and to any party desiring to elicit material and relevant facts.
 PURPOSE: to elicit material and relevant facts from him.
A party may file and serve upon any other party a written request for the admission by
the latter of the genuineness of any material and relevant document described in and
exhibited with the request or of the truth of any material and relevant matter of fact set forth in
the request.
Copies of the documents shall be delivered with the request unless copies have already
been furnished.

 By any party filed and served upon adverse party.

 PURPOSE: for admission of: (a) Genuineness of any material documents or (b)
Truth of some material facts.
RULE 27
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
 By and to any party for: (Section 1. Motion for production or inspection; order)
o Purposes:
a) produce and permit the inspection and copying or photographing, by or on
behalf of the moving party, of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, not privileged,
which constitute or contain evidence material to any matter involved in the
action and which are in his or her possession, custody or control; or
b) order any party to permit entry upon designated land or other property in
his or her possession or control for the purpose of inspecting, measuring,
surveying, or photographing the property or any designated relevant object
or operation thereon.
RULE 28
PHYSICAL AND MENTAL EXAMINATION OF PERSONS
In an action in which the mental or physical condition of a party is in controversy, the
court in which the action is pending may in its discretion order him or her to submit to a physical
or mental examination by a physician. (Section 1. When examination may be ordere)
By requesting and obtaining a report of the examination so ordered or by taking the
deposition of the examiner, the party examined waives any privilege he or she may have in that
action or any other involving the same controversy, regarding the testimony of every other
person who has examined or may thereafter examine him or her in respect of the same mental or
physical examination. (Section 4. Waiver of privilege)

 By any party against the party whose mental or physical condition is in controversy
 PURPOSES: Ascertain the physical or mental condition of a party material to the action.
RULE 29
REFUSAL TO COMPLY
1. Contempt of court
2. Prohibit introduction of documents/evidence
3. Striking out the pleadings or parts thereof
4. Arrest disobedient party
3 STAGES OF DIVERSION
1. Court-annexed mediation where the judge refers the parties to the PMC for mediation of
their dispute by trained and accredited mediators;
2. Judicial Dispute Resolution by JDR judge, in a continuing effort to secure a settlement. In
case it fails, the JDR Judge will inhibit and have the case re-raffled.
3. Appeal mediation, where covered cases are referred to PMC-ACM unit for mediation.
COVERAGE
a) All ordinary civil cases, including mediatable permissive or compulsory counterclaim or
cross-claim as pleaded in the answer, complaint-in-intervention, and third (fourth etc.)-
party complaint, except those which cannot be the subject of a compromise under Article
2035 of the NCC;
b) All special civil actions, except under Rules 63, 64, 65, 66 and 71 of the Rules;
c) Special proceedings cases for settlement of estate where the dispute involves claims
against the estate, or the distribution or partition of estate in intestate proceedings;
d) All those cases involving issues under the Family Code and other laws, in relation to
support, custody, visitation, property relations, guardianship of minor children, and other
issues which can be the subject of a compromise agreement;
e) Intellectual property cases;
f) Commercial or intra-corporate controversies;
 g) Environmental cases, subject to the provisions in Section 3, Rule 3 thereof, and
h) Civil cases covered by the Rules of Summary Procedure.
HOW PRE-TRIAL (PT) WORKS
 Notice of PT
 Filing of PTB
 Pre-trial Conference
 CAM (mediation)
 Back to Court, referral to JDR
 JDR proper
 If it fails, return to court of origin (for trial)
 Trial/decision
COURT-ANNEXED MEDIATION
A voluntary process conducted under the auspices of the Supreme Court by referring the
parties to the Philippine Mediation Center (PMC) Unit for the settlement of their dispute,
assisted by a Mediator accredited by the Supreme Court.
WHAT IS COURT-ANNEXED MEDIATION?
Any mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction over the dispute.
SUMMARY JUDGMENT (Rule 35)
Summary judgments are proper when, upon motion of plaintiff or defendant, the court
finds that the answer filed by defendant does not tender a genuine issue as to any material fact
and that one party is entitled to a judgment as a matter of law.
The motion shall cite the supporting affidavits, depositions or admissions, and the
specific law relied upon. The adverse party may file a comment and serve opposing affidavits,
depositions, or admissions within a non-extendible period of five (5) calendar days from receipt
of the motion. Unless the court orders the conduct of a hearing, judgment sought shall be
rendered forthwith if the pleadings, supporting affidavits, depositions and admissions on file,
show that, except as to the amount of damages, there is no genuine issue as to any material fact
and that the moving party is entitled to judgment as a matter of law. (Section 3. Rule 35 Motion
and proceedings thereon)
Relief by summary judgment is intended to expedite or promptly dispose of cases where
the facts appear undisputed and certain from the pleadings, depositions, admissions and
affidavits. But if there be a doubt as to such facts and there be an issue or issues of fact joined by
the parties, neither one of them can pray for a summary judgment. Where the facts pleaded by
the parties are disputed or contested, proceedings for a summary judgment cannot take the place
of a trial.
Kalilid Wood Industries Corp. vs. IAC, G.R. No. 75502, November 12, 1987
We agree with the ruling of the trial Judge and the respondent appellate court that
petitioner Kalilid, due to its failure to verify its answer, is deemed to have admitted by
implication the authenticity and due execution of promissory notes PBC No. 1202-76 and PBC
No. 1255-76, which were both annexed to and made the basis for respondent Bank's complaint.
REMEDY
 Ordinary Appeal
 Any action of the court on a motion for summary judgment shall not be subject of an
appeal or petition for certiorari, prohibition or mandamus
JUDGMENT ON THE PLEADING (RULE 34)
When: After filing of an answer which fails to tender an issue or otherwise admits the
material allegations of the adverse party’s pleadings.
How: Motu propio/By Motion
Where: Trial Court
Any action of the court on a motion for judgment on the pleadings shall not be subject of an
appeal of petition for certiorari, prohibition or mandamus.

SUMMARY JUDGMENT vs. JUDGMENT ON THE PLEADINGS

Summary judgment Judgment on the pleadings
1. Rule 35 1. Rule 34
2. Issues apparently exist i.e. facts are 2. There is no ostensible issue at all because
asserted in the complaint regarding which of the failure of the defending party’s answer
there is as yet no admission, disavowal or to raise an issue.
qualifications; or specific denials or
affirmative defenses are in truth set out in the
answer but the issues thus arising from the
pleadings are sham, fictitious or not
genuine, as shown by affidavits,
depositions, or admissions.
3. It can be partial 3. The entire case maybe terminated

REMEDY
Appeal by certiorari under Rule 45 of the ROC.
Iloilo Jar Corporation v. COMGLASCO Corp./Aguila Glass, G.R. No. 219509, January 18,
2017
 Simply stated, what distinguishes a judgment on the pleadings from a summary judgment
is the presence of issues in the Answer to the Complaint. When the Answer fails to tender any
issue, that is, if it does not deny the material allegations in the complaint or admits said material
allegations of the adverse party's pleadings by admitting the truthfulness thereof and/or omitting
to deal with them at all, a judgment on the pleadings is appropriate.
SCENARIO 3: PLAINTIFF WITHDRAWS CASE THRU MOTION
Withdrawal of case thru motion (Rule 17)
The dismissal shall be without prejudice to the right of the defendant to prosecute his
counterclaim in a separate action unless within fifteen (15) days from notice of the motion he
manifests his preference to have his counterclaim resolved in the same action. Unless otherwise
specified in the order, a dismissal under this paragraph shall be without prejudice.

Scenario 3: Parties proceed to trial and present evidence (Rule 30)

CAN THE COURT DECIDE A CASE WITHOUT TRIAL?
Deciding case without trial
The parties to any action may agree, in writing, upon the facts involved in the litigation,
and submit the case for judgment on the facts agreed upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be held as to the
disputed facts in such order as the court shall prescribe (Sec. 6, Rule 30)

Judgment after PT (Rule 18) proper under:

1. No more controverted facts, or
2. No more genuine issue as to any material fact, or
3. An absence of any issue, or
4. Should the answer fail to tender an issue
Judicial Affidavits
Under the new rule, instead of conducting direct testimony in court, attorneys will submit
affidavits with questions and answers that witnesses have supplied while under oath. To give
opposing counsel sufficient review time, the affidavits must be submitted at least five days prior
to a preliminary conference in a case or the hearing of motions.
Judicial Affidavit Rule
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. (a)
The parties shall file with the court and serve on the adverse party, personally or by licensed
courier service, not later than five days before pre-trial or preliminary conference or the
scheduled hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of such
witnesses' direct testimonies; and
(2) The parties' documentary or object evidence, if any, which shall be attached to
the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the
respondent or the defendant.
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who
fails to submit the required judicial affidavits and exhibits on time shall be deemed to have
waived their submission. The court may, however, allow only once the late submission of the
same provided, the delay is for a valid reason, would not unduly prejudice the opposing party,
and the defaulting party pays a fine of not less than P 1,000.00 nor more than P 5,000.00 at the
discretion of the court.
Demurrer to Evidence (Rule 33)
WHEN: After the plaintiff has completed the presentation of his evidence (RESTED).
HOW: By motion for leave and attach the demurrer itself on the ground that upon the facts and
the law plaintiff has shown no right to relief.
WHERE: Trial court
 A demurrer to evidence shall be subject to the provisions of Rule 15.
 The order denying the demurrer to evidence shall not be subject of an appeal or
petition for certiorari, prohibition or mandamus before judgment.
Gonzales et., al. vs. Bugaay et., al. G. R. No. 173008 (February 22, 2012)
In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely
required to ascertain whether there is competent or sufficient proof to sustain the judgment.
Being considered a motion to dismiss, thus, a demurrer to evidence must clearly be filed before
the court renders its judgment.

Demurrer to Evidence
Civil Procedure Criminal Procedure
Always with leave because it is made by With or without leave of court
motion
If the motion is granted but on appeal the If without leave, accused waives the right to
order of dismissal is reversed, he shall be present evidence.
deemed to have waived the right to present
evidence
Always appealable. Not appealable since double jeopardy will set
in.
Case dismissed due to fault of plaintiff
1. Plaintiff fails to appear on the date of the presentation of his evidence-in-chief on the
complaint
2. Failure to prosecute his action for an unreasonable length of time
3. Failure to comply with these Rules or any order of the court

Judgment (Rule 36)

A judgment or final order determining the merits of the case shall be in writing
personally and directly prepared by the judge, stating clearly and distinctly the facts and the law
on which it is based, signed by him, and filed with the clerk of the court.

Finality of judgment
 Within 15 days from promulgation thereof and no appeal or motion for new trial or
reconsideration is filed.
 Execution shall issue as a matter of right, or motion, upon a judgment or order that
disposes of the action or proceeding upon the expiration of the period to appeal therefrom
if no appeal has been duly perfected.
 If the appeal has been duly perfected and finally resolved, the execution may forthwith be
applied for in the court of origin, on motion of the judgment obligee, submitting
therewith certified true copies of the judgment or judgments or final order or orders
sought to be enforced and of the entry thereof, with notice to the adverse party.

Montemayor vs. Millora, G. R. No. 168251 (July 21, 2011)

Doctrine of Immutability of Final Judgments:
Once a judgment attains finality it thereby becomes immutable and unalterable. It may no
longer be modified in any respect, even if the modification is meant to correct what is perceived
to be an erroneous conclusion of fact or law, and regardless of whether the modification is
attempted to be made by the court rendering it or by the highest court of the land.

Judgment non pro tunc

The office of a judgment nunc pro tunc is to record some act of the court done at a former
time which was not then carried into the record, and the power of a court to make such entries is
restricted to placing upon the record evidence of judicial action which has been actually taken.
 The object of a judgment nunc pro tunc is not the rendering of a new judgment and the
ascertainment and determination of new rights, but is one placing in proper form on the record,
the judgment that had been previously rendered, to make it speak the truth, so as to make it show
what the judicial action really was, not to correct judicial errors, such as to render a judgment
which the court ought to have rendered, in place of the one it did erroneously render, nor to
supply nonaction by the court, however erroneous the judgment may have been.

Filipinas Palm Oil vs. Dejapa G. R. No. 167332 (February 7, 2011)

The object of a judgment nunc pro tunc is not the rendering of a new judgment and the
ascertainment and determination of new rights, but is one placing in proper form on the record,
the judgment that had been previously rendered.

Sin perjuicio judgment

-is a judgment without a statement of the facts in support of its conclusion to be later
supplemented by the final judgment.

Remedies after Judgment

1. Execution of judgment
2. Motion for Reconsideration/New Trial (Rule 37)
3. Petition for Relief of Judgment (Rule 38)
4. Appeals under Rules 40, 41, 42, 43 (CTA/Quasi-Judicial) and 45
5. Annulment of Judgments (Rule 47)

Execution

Execution shall issue as a matter of right, or motion, upon a judgment or order that
disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no
appeal has been duly perfected.

If the appeal has been duly perfected and finally resolved, the execution may forthwith
be applied for in the court of origin, on motion of the judgment obligee, submitting therewith
certified true copies of the judgment on judgments or final order or orders sought to be enforced
and of the entry thereof, with notice to the adverse party.

The appellate court may, on motion in the same case, when the interest of justice so
requires, direct the court of origin to issue the writ of execution.

Modes of execution
 Execution by motion or by independent action. - A final and executory judgment or order
may be executed on motion within five (5) years from the date of its entry. After the lapse of
such time, and before it is barred by the statute of limitations, a judgment may be enforced ty
action. The revived judgment may also be enforced by motion within five (5) years from the date
of its entry and thereafter by action before it is barred by the statute of limitations.

Judgments

 By mere motion for execution if within 5 years from the date of entry of judgment.
 By independent action if after 5 years from the date of entry of judgment.
 Compromise?

Final judgments

 Only final judgements become executory.

 Exceptions:

1. Order granting support pendente lite.

2. Judgment of MTC in forcible entry/unlawful detainer cases which is affirmed by the

RTC. 

3. Judgments in case of an injunction, receivership and accounting not stayed by appeal.

MR/MNT (Rule 37)

When? 15 days from promulgation

Ground?
(a) Fraud, accident, mistake or excusable negligence; 
(b) Newly discovered evidence

What court? Same court.

Grounds? Damages awarded are excessive, or that the decision or final order is contrary to
law.

How? By motion

A motion for new trial shall include all grounds then available and those not so included
shall be deemed waived. A second motion for new trial, based on a ground not existing nor
available when the first motion was made, may be filed within the time here provided excluding
the time during which the first motion had been pending. 

No party shall be allowed a second motion for reconsideration of a judgment or final

order.
Petition for Relief (Rule 38)

When: 60 days learns of the judgment, and not more than six (6) months after such
judgment was entered. 
Grounds? fraud, accident, mistake, or excusable negligence relied upon, and the facts
constituting the petitioner's good and substantial cause of action or defense, as the case
maybe.
How? By petition and praying that the appeal be given due course.
Where? The same court which rendered the decision.

Where the denial of an appeal is set aside, the lower court shall be required to give due
course to the appeal and to elevate the record of the appealed case as if a timely and proper
appeal had been made.

Madarang vs. Morales G. R. No. 199283 (June 9, 2014)

The 60-day period to file a petition for relief from the date of finality of the trial court's
decision. Rule 38, Section 3 of the 1997 Rules of Civil Procedure is clear that the 60-day period
must be counted after petitioner learns of the judgment or final order. The period counted from
the finality of judgment or final order is the six-month period.

The double period required under Section 3, Rule 38 is jurisdictional and should be
strictly complied with. A petition for relief from judgment filed beyond the reglementary period is
dismissed outright. This is because a petition for relief from judgment is an exception to the
public policy of immutability of final judgments.

Appeals in General

 Check what court, quasi-judicial agency rendered the decision or final order 
 Check if in what capacity did the court render the decision or final order
 Check also the pleading required, period to file the pleading. 
 Never forget to pay the appellate docket fees and bonds, as the case maybe.

Errors of Judgment

 Any error committed in the evaluation of evidence is merely an error of judgment. An

error of judgment is one which the court may commit in the exercise of its jurisdiction.
 Appeal is to cure errors by the trial court in its appreciation of the evidence of the parties,
and its conclusions anchored on the said findings and its conclusions of law.

Heirs of Carlos Alcaraz vs. Republic G. R. No. 131667 (July 28, 2005)

In any event, when petitioners interposed an appeal to the Court of Appeals, the
appealed case was thereby thrown wide open for review by that court, which is thus necessarily
empowered to come out with a judgment as it thinks would be a just determination of the
controversy. Given this power, the appellate court has the authority to either affirm, reverse or
modify the appealed decision of the trial court. To withhold from the appellate court its power to
render an entirely new decision would violate its power of review and would, in effect, render it
incapable of correcting patent errors committed by the lower courts.

Rule of Thumb

Findings of fact made by a trial court are accorded the highest degree of respect by an
appellate tribunal and, absent a clear disregard of the evidence before it that can otherwise
affect the results of the case, those findings should not simply be ignored. Absent any clear
showing of abuse, arbitrariness, or capriciousness committed on the part of the lower court, its
findings of facts are binding and conclusive upon the Court. The reason for this is because the
trial court was in a much better position to determine which party was able to present evidence
with greater weight.

Appeal of Decision of MTC

How? By notice of appeal or record on appeal, as the case maybe and payment of appeal fee

When? Within 15/30 days upon notice of judgment.

Where? To RTC

Appeal of Decision of RTC in the exercise of its original jurisdiction

How? By notice of appeal or record on appeal, as the case maybe and payment of appeal fee

When? Within 15/30 days upon notice judgment.

Where? To CA, CTA, SB

Appeal of Decision of RTC in the exercise of its appellate jurisdiction

How? By a verified petition for review with payment of the corresponding docket and
other lawful fees, depositing the amount of P 500.00 for costs and furnishing the Regional Trial
Court and the adverse party with a copy of the petition.
When? within fifteen (15) days from notice of the decision
Where? To CA
Effect: Stay the judgment or final order except if summary procedure, ordered by CA,
law or rules.

Appeals to the SC
 How? Appeal under Rule 45 by verified petition for review on certiorari, payment of
docket and deposit the amount of P500.00 for costs with proof of service of a copy, thereof on
the lower court concerned and on the adverse party.

When? 15 days from notice of the judgment

Where? To SC on pure questions of law

 A review is not a matter of right, but of sound judicial discretion, and will be granted only
when there are special and important reasons thereof.
 The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal
cases, except in criminal cases where the penalty imposed is death, reclusion perpetua
or life imprisonment. (n)

Questions of law vs. facts

A question of law arises when there is doubt as to what the law is on a certain state of
facts, while there is a question of fact when the doubt arises as to the truth or falsity of the
alleged facts.
For a question to be one of law, the same must not involve an examination of the
probative value of the evidence presented by the litigants of any of them. The resolution of the
issue must rest solely on what the law provides on the given set of circumstances.

Ordinary Appeals (Rule 44)

Questions that may be raised on appeal. - Whether or not the appellant has filed a
motion for new trial in the court below he may include in his assignment of errors any question
of law or fact that has been raised in the court below and which is within the issues framed by
the parties.

DIFFERENCE between Appeal by certiorari vs. petition for certiorari

APPEAL BY CERTIORARI PETITION FOR CERTIORARI

Only questions of law may be raised. Only questions of jurisdiction can be raised.
Seeks to review final judgments or final May be directed against an interlocutory
orders of the lower court. order of the court or where no appeal or plain
or speedy remedy available in the ordinary
course of law
Is a mode of appeal, so 15 days only. A special civil action so 60 days from denial
of MR.
MR is not required. MR is jurisdictional.
Stays the judgment appealed. Does not stay judgment/order.

Neypes Rule on appeals (Neypes vs. CA, G. R. No. 141524 (September 14, 2005)
 Litigants must be given a fresh period of 15 days within which to appeal, counted from
receipt of the order dismissing a motion for a new trial or motion for reconsideration under Rules
40, 41, 42, 43 and 45 of the Rules of Court.

Harmless Error Rule (Rule 51)

No error in either the admission or the exclusion of evidence and no error or defect in
any ruling or order or in anything done or omitted by the trial court or by any of the parties is
ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a
judgment or order, unless refusal to take such action appears to the court inconsistent with
substantial justice.

MNT in the CA (Rule 53)

At any time after the appeal from the lower court has been perfected and before the
Court of Appeals loses jurisdiction over the case, a party may file a motion for a new trial on the
ground of newly discovered evidence which could not have been discovered prior to the trial in
the court below by the exercise of due diligence and which is of such a character as would
probably change the result. The motion shall be accompanied by affidavits showing the facts
constituting the grounds therefor and the newly discovered evidence.
 Fraud, as a ground for new trial, must be extrinsic or collateral, that is, it is the kind of
fraud which prevented the aggrieved party from having a trial or presenting his case to the court,
or was used to procure the judgment without fair submission of the controversy. Instances of
collateral fraud are acts intended to keep the unsuccessful party away from the court by a false
promise of compromise, or purposely keeps him in ignorance of the suit, or where the attorney
fraudulently pretend s to represent a party and connives at his defeat, or corruptly sells out his
client's interest (Magno vs. CA, et al, L- 28486, Sept. 10, 1981).
It is to be distinguished from intrinsic fraud which refers to the acts of a party at the trial
which prevented a fair and just determination of the case (Palanca vs. American Food Mfg. Co.,
L-22822, Aug. 30, 1968) and which could have been litigated and determined at the trial or
adjudication of the case, such as falsification, false testimony and so forth, and does not
constitute a ground for new trial (Tarca vs. Carretero, 99 Phil. 419; Conde vs. IAC, et al, G.R.
No. 70443, Sept. 15, 1986).
For procedural purposes, the estoppel referred to here is actually estoppel by laches,
which is that failure to do something which should be done or to claim or enforce a right at a
proper time [Hutchinson vs. Kenny, 27 F. 2d 254] or a neglect to do something which one should
do or to seek or enforce a right at a proper time /Jett vs. Jett, 171 Ky. 548, 188 S.W. 669]
(Black's Law Dictionary, 4th ed., 1017).