SMALL CLAIMS
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011 Action
Purely civil in nature where the claim or relief prayed for is solely for payment or reimbursement of sum of money, and
Civil aspect of criminal actions
File in court Accomplished & verified Statement of Claim o In duplicate Certification of Non-forum shopping 2 Duly certified photocopies of the actionable document Affidavit of witnesses Other evidence to support claim GR: If not attached to claim, evidence cannot be presented during hearing EX: Good cause
Pay docket and other legal fees UNLESS allowed to litigate as indigent Must pay P1,000 fee for service of summons and process
Dismiss Claim Outright
Examine allegations of the statement of Claim and evidence attached thereto
On any of the grounds apparent form the claim Summons and Notice of Hearing
Issue summons on the day of receipt of Statement of Claim, directing defendant to submit verified response
Issue notice to both parties
o Direct them to appear before it on a specific date and time of hearing
o Warning : No justified postponement is allowed. o Express prohibition against failing MTD and other
prohibited pleading under Sec. 14 Accompanied by:
1. Copy of statement of claim and documents submitted by the plaintiff
2. Copy of the response to be accomplished by defendant
Fails to file response but appears at the date set for hearing Court ascertain what defense he has to offer Proceed to hear, mediate or adjudicate the case on the same day
Scope
Payment of money where the value of the claim does not exceed P100,000
Exclusive of interests and cost amount claimed not exceed P100,000Joinder of claims : Provided total Affidavits must state:
1. Only facts of direct personal knowledge of the affiants
2. Admissible as evidence
Inadmissible affidavit or portion is expugned from the record
1. File motion to sue as indigent to Executive/Presiding Judge
2. If granted, case raffle or assigned to court designated to hear case.
3. If denied, plaintiff given 5 days within which to pay docket fees.
o Otherwise, dismissed w/o prejudice
File verified response Serve on the plaintiff Accompanied by:
1. Certified photocopies of documents 2. Affidavits of witnesses
3. Other evidence in support thereof Grounds under Rule 16 of ROC should be pleaded
File counterclaim; Otherwise, barred GR: If not attached to claim, evidence cannot be presented during hearing EX: Good cause
Within 10 days from receipt of
summons Hearing
Judge read aloud a short statement explaining the nature, purpose, and rule of procedure of small claims
Judge exert efforts to bring parties to an amicable settlement of the dispute
Form of settlement: 1. In writing
2. Signed by the parties 3. Submitted for court approval
Settlement discussions are strictly confidential If efforts at settlement fail, hearing proceed in an informal and expeditious manner.
o Terminated within 1 day.
Appearance If through a representative:
1. For a valid cause. 2. Not a lawyer
3. Related to or next-of-kin of the individual-party 4. Authorized under an SPA
o To enter into an amicable settlement
o To enter into stipulations or admissions of facts of documentary exhibits Juridical entities not represented by a lawyer in any capacity.
Attorneys are not allowed. UNLESS attorney is the plaintiff/defendant. Postponement: Granted only upon proof of inability of part yto appear Availed only once
Referral to another judge Either party may move in writing
Made within the same day the motion is filed & granted
By the Executive Judge to the designated judge within the same day of referral
New judge hear and decide case within 5 working days from receipt of order of assignment
Decision Rendered on the same day as the hearing
Based on the facts established by evidence
Immediately entered by the Clerk of Court in the court docket
Copy served on the parties
Final and unappealable Move for
Jurisdiction
MTC, RTC,
CA, SC
Venue
Real action
Personal action
By agreement
File complaint
Cause of Action
Parties
Parts of a pleading
Filing & Service
Pay docket/legal fees
Summons
Contents
When served
How served
After acquired jurisdiction but
before responding to a pleading
Motion to strike
Motion for extension to file
Amendment as a matter of right
Supplemental pleadings
Bill of particulars
Motion to dismiss
Dismissal upon notice by plaintiff
Modes of Discovery
(EXCEPT Admission) Fail to file an answerDefault
Order
Remedy
Partial
N/A
Joinder of issues
Answer
Counterclaim
Cross claim
Third Party Claim
Defenses
Objections
Lis Pendens
Dismissal upon
motion of plaintiff
Within 10 daysReply
Answer to
counterclaim or cross
claim
Bring new parties
Amendment by leave
of court
Summary judgment
Judgment
on
the
pleadings
Discovery by Admission
of Adverse Party
Pre-Trial
File pre-trial
brief
Preliminary
conference
Pre-trial
Trial
Motion for postponement
Order of trial
Consolidation
Trial by commissioner
Demurrer to evidence
Amendment to conform
to the evidence
Judgment
Rendition
Entry
Kinds of judgment
Before finalityMotion
for
reopening trial
MR
MNT
Appeal
After finalityPetition for
relief
Annulment
of judgment
Execution
Kinds
When issued
Conduct of Sale
Rules on Redemption
Third party claim
Satisfaction
Enforcement
St
age
s i
n a
Ci
vil
Ac
ti
on
(Rul
es 1
-47)
GRACE XA VI ERE E . E SCO SI A / ATE N EO L AW 4A 201 1Intervention
Subpoena
Dismissal due to fault of plaintiff
Final and executory
FILE A COMPLAINT
Parties Who may be parties: 1. Natural person
o Must be of age of majority
o Minor/Incompetent – with the assistance of father, mother, guardian, or guardian ad litem
o Married person – GR: sue jointly. EX: (1) Judicial separation; (2) Separation of at least one year; (3) Separation of property agreed upon in the marriage settlements; (4) Administration of all the property in the marriage has been transferred to the wife; (5) Litigation is between husband and wife; (6) Suit concerns paraphernal property; (7) Action is upon the civil liability arising from a criminal offense; (8) Litigation is incidental to the profession, occupation or business in which she is engaged; (9) Civil action referred to in Articles 25 to 35 of CC; (10) Quasi-delict.
o Supervening incapacity – Upon motion and notice, continue action but assisted by legal guardian or guardian ad litem
2. Juridical person
o Duly incorporated in the SEC
o GR: Foreign corporation doing business without a license cannot sue. EX: Philippine citizen/entity benefited and etopped from challenging corporate personality
3. Entities authorized by law Real party in interest
o Stands to be benefited or injured by the judgment in the suit; or
o Entitled to the avails of the suit. Indispensable party – Without whom no final determination can be had of an action Necessary Party – Ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action.
Cause of Action
Elements:
1. Existence of a legal right of the plaintiff 2. Correlative duty of a
defendant to
respect one’s right 3. Act or omission of
the defendant in the
violation of
plaintiff’s right Joinder of COA: 1. Comply with the
rules of joinder of parties;
2. Not include SCA or actions governed by special rules; 3. COA between same
parties but pertain
to different
jurisdiction or
venue, joinder may be allowed in RTC provided one of the COA falls within jurisdiction of said court and venue lies therein; and
4. Claims in all COA are
principally for
recovery of money, aggregate amount claimed shall be the test of jurisdiction. Restrictions on joinder of COA: 1. Jurisdiction 2. Venue 3. Joinder of parties Parts of a Pleading 1. Caption
o (1) Name of the court; (2) Title of the action; and (3) Docket number.
2. Body
o (1) Designation; (2) Allegations of claims/defenses; (3) Relief; (4) Date 3. Signature
o Of party, or of counsel o Contents:
1)He has read the pleading;
2)To the best of his knowledge, information & belief there is good ground to support it; 3)It is not interposed for delay.
4. Verification o Contents:
1) Affiant has read the pleading; and
2) Allegations therein are true and correct of his personal knowledge or based on authentic records.
o Substantial compliance:Signed by attorney. 5. Certificate Against Forum Shopping [CNFS]
o Contents:
1) He has not commenced any action or filed any claim involving the same issues in any court and no such other action or claim is pending;
2) If there is such other pending action or claim, a complete statement of the present status of it; and
3) If he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days to the court.
oNoncompliance: (1) Dismissal without prejudice, (2) Not curable by amendment o GR: Signed by the petitioner himself and not by counsel, EX: Substantial compliance (reasonable cause for failure to sign)
o False certification: (1) indirect contempt, (2) administrative action, (3) criminal action o Willful & deliberate forum shopping: (1) summary dismissal with prejudice, (2) direct contempt, (3) admin sanctions
Requisites of a class suit:
1. Subject of the controversy is of common or general interest to many persons;
2. Persons are so numerous that it is impractical to bring them all to court;
3. Parties actually before the court are sufficiently numerous and representative;
4. Representative sue or defend for the benefit of all.
Elements of joinder of parties:
1. Right or relief in favor of or against the parties joined in respect to or arising out of the same transaction or series of transaction;
2. Common question of law or fact. Failure to implead:
o Indispensable – null & void judgment o Necessary – waiver
Substitution of parties: 1. Death
o Claim is not extinguished
o Duty of counsel : (1) Inform the court within 30 days after such death of the fact thereof, (2) Give the names and address of legal representative/s
o Court orders legal representative/s to appear and be substituted within 30 days from notice
o Heirs may be allowed to be substituted for the deceased
2. Public officer dies, resigns, or cease to hold office
3. Transfer of interest
Indigent litigant – exempt from payment of docket and other lawful fees and of transcripts of stenographic notes (constitute as a lien)
1. Indigent under Rule 141, Sec. 19
o Gross income and that of immediate family do not exceed an amount double the monthly minimum wage of an employee; and
o Do not own real property with a FMV as stated in current tax declaration of more than P300,000
2. In excess of requirements under Rule 141, apply indigency test.
o No money or property suffient and available for food, shelter, and basic necessities for himself and his family.
o Upon ex parte application & hearing GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
FILE A COMPLAINT
Filing : Act of presenting the pleading or other paper to the clerk of court
Service : Act of providing a party with a copy of the pleading or paper concerned.
GR: Rule 13 applies to all pleadings and papers. EX : Summons.
Paper required to be filed : Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment, similar papers.
Priority of service: 1. Personal
2. Other modes + Written explanation Violation : Consider paper as not filed
MODES OF SERVICE
COMPLETE
PROOF OF SERVICE
Personal Service
1. Deliver copy to the party or his counsel
2. Leave copy in party’s or counsel’s office with his clerk or with a person having charge thereof
3. Leave copy at the party’s/counsel’s residence with a person of sufficient age and discretion residing therein
o No person is found in his office,
o Office is not known, or o No office.
Upon actual
delivery
1. Written admission of the party served, or 2. Official return of server, or 3. Affidavit of party serving Contains full statement of date, place and manner of service
Registered Mail
1. Deposit copy in the office In a sealed envelope
Plainly addressed to party or his counsel at his (1) Office, if known; (2) Residence, if known
Postage fully pre-paid With instructions to the postmaster to return to the sender after 10 days if undelivered
1. Upon actual receipt by the adressee, or 2. After 5 days from
the date he
received the first notice of the postmaster Whichever date is earlier
By affidavit ant registry receipt issued by mailing office
Upon receipt by sender, file:
1. Registry return card, or
2. Unclaimed letter + Certified/sworn copy of notice given by postmaster Ordinary Mail
No registry service is available in the locality of either the sender or the addressee
Upon the
expiration of 10 days after mailing
UNLESS court otherwise provides
Affidavit of person mailing
Substituted Service
1. Deliver copy to clerk of court Cannot serve personally or by mail
Office and place of residence of party and counsel are unknown
With proof of failure of both personal service and service by mail
At the time of delivery
MODES OF FILING
PROOF OF FILING
Personal Service
Presenting original copies to the Clerk of Court
Date of filing : Clerk of court endorse on the pleading the date and hour of filing
1. By its existence in the record of the case, or 2. If not, by written or stamped acknowledgment of its filing by the clerk of court on the copy of the same
Registered Mail
Date of filing : Date of mailing as shown by the post office stamp on the envelope or registry receipt
1. By registered receipt, and
2. Affidavit of person who did the mailing Contains full statement of date and place of depositing the mail
SERVICE OF JUDGMENTS, FINAL ORDERS, OR RESOLUTIONS Personal Service Registered Mail Publication If summoned by
publication and party failed to appear
At the expense of the prevailing party
PAY DOCKET AND LEGAL FEES
Filing of the appropriate initiatory pleading and payment of the prescribed docket fee vests the court with jurisdiction over the subject-matter or nature of the action.
Where the filing of the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period.
The same rule applies to permissive counterclaims, third-party claims and similar pleadings.
Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a claim not specified in the pleading, or if specified the same has been left for determination by the court, the additional filing fee therefor shall constitute a lien on the judgment.
Specify the amount of damages being prayed for in the body of the pleading and in the prayer. Said damages shall be considered in the assessment of the filing fees in any case. Any pleading that fails to comply with this requirement shall not be accepted nor admitted, or shall otherwise be expunged from the record.
ISSUE SUMMONS
Contents:1. Name of the court
2. Names of the parties to the action
3. Direction that defendant answer within the time fixed
4. Notice: If he doesn’t answer, plaintiff will take judgment by default and may be granted the relief applied for.
Attachment:
1. Copy of the complaint, and
2. Order for appointment of guardian ad litem, if any
Upon whom summons is served: Natural person:
o Minors – personally and with --1. Legal guardian
2. Guardian ad litem (applied for by the plaintiff) 3. Father or mother
o Incompetents 1. Legal guardian
2. Guardian ad litem (applied for by the plaintiff) o Prisoners
1. By the officer having management of jail or institution who is deemed deputized as special sheriff
Juridical person:
o Entity without juridical personality 1. Upon any one of the defendants
2. Upon the person in charge of the office or place of business
NOT bind individually any person whose connection with the entity has, upon due notice, been severed before action was brought.
o Domestic private juridical entity 1. President 2. Managing partner 3. General manager 4. Corporate secretary 5. Treasurer 6. In-house counsel
o Foreign private juridical entity 1. Resident agent designated by law
2. If none, government official designated by law 3. Any of its officers or agents within the
Philippines
o Republic of the Philippines – Solicitor General o Public corporations
1. Executive head
2. Other officer/s as law or court may direct By whom served:
1. Sheriff 2. Deputy sheriff
3. Other proper court officer
4. Any suitable person authorized by the court o For justifiable reasons
Return:
o Serve to plaintiff’s counsel within 5 days after service has been completed o How: (1) Personally, (2) Registered mail
o Return summons to clerk who issued it + Proof of service Alias summons: (On demand of the plaintiff)
o Grounds: (1) Summons returned without being served, (2) Summons has been lost o Serve copy of return on plaintiff’s counsel within 5 days after failure of service o State reasons for failure of service
MODE OF SERVICE HOW
Personal Service o Whenever practicable
1. Handing a copy of summons in person, or 2. Tender summons
o If refused to receive and sign summons Substituted Service o If for justifiable reasons, personal service cannot be made within a reasonable time
1. Leave copy of summons at the defendant’s residence
o With some person of suitable age and discretion residing therein
2. Leave copy of summons at defendant’s office or regular place of business
o With competent person in charge Publication in a newspaper of general circulation oProof of service: 1. By affidavit of— • Printer, foreman or principal clerk • Editor, business or advertising manager 2. By affidavit showing – • Deposit of copy of summons and order for publication in post office • Postage prepaid • Directed to defendant by registered mail to his last known address
Identity or whereabouts are known By leave of court
Resident temporarily outside the country By leave of court
Nonresident and not found in the country Grounds:
1. Action affects the personal status of the plaintiff or relates to
2. Subject of the action is property within the Philippines in which the defendant has or claims a lien or interest
3. Action in which the relief demanded consists in excluding the defendant from any interest in the property
4. Property of the defendant has been attached within the Philippines
By leave of court + Answer not less than 60 days after notice
How:
1. Personal service
2. Publication + Send copy of summons and order of court by registered mail to the last known address of defendant
3. Any other manner the court may deem sufficient
Impossibility of prompt service
o "Reasonable time" is defined as "so much time as is necessary under the circumstances for a reasonably prudent and diligent man to do, conveniently, what the contract or duty requires that should be done, having a regard for the rights and possibility of loss, if any, to the other party." oThere must be several attempts by the sheriff to personally serve the summons within a reasonable period [of one month] which eventually resulted in failure to prove impossibility of prompt service. o "Several attempts" means at least 3 tries, preferably on at least two different dates. In addition, the sheriff must cite why such efforts were unsuccessful
Person of suitable age and discretion : One who has attained the age of full legal capacity and is considered to have enough discernment to understand the importance of a summons. He must have the "relation of confidence" to the defendant.
Competent person in charge: (1)The one managing the office or business of defendant, such as the president or manager; (2)Have sufficient knowledge to understand the obligation of the defendant in the summons, its importance, and the prejudicial effects arising from inaction on the summons.
Proof of service: (Made in writing by server) 1. Set forth manner, place and date of service 2. Specify any paper which have been served with
the process and the name of the person who received the same
3. Sworn to when made by person other than sheriff or his deputy
Effect of Interruption (R 22, S 2) (Applies to R 12 & R 16)
The day of the act that caused the interruption shall be excluded in the computation. Start to run after notice of cessation of the cause thereof.
DISCOVERY PETITION/ACTION WHO APPLIES SCOPE
DEPOSITIONS BEFORE ACTION (Rule 24)
Verified petition in the court of the place of residence of any expected adverse party
A person who desire to perpetuate his own testimony or that of another person
ANY MATTER cognizable in any Philippine court
DEPOSITION PENDING APPEAL (Rule 24)
Motion in the court in which the judgment was rendered
For use in the event of further proceedings in said court DEPOSITIONS PENDING ACTION (Rule 23) and INTERROGATORY (Rule 25)
By leave of court after jurisdiction has been obtained over any defendant or over property which is subject of the action (Motion)
W/o leave of court after an answer has been served (Notice)
Rule 23: Any party Rule 25: Any party desiring to elicit material and relevant facts from any adverse parties ANY MATTER Not privileged
Not annoy, embarrass, or oppress the deponent or party
Relevant to the subject of the pending action
ADMISSION BY ADVERSE PARTY (Rule 26)
Written request for admission
A party Genuineness of
Any material and relevant document described in and exhibited with the request
The truth of any material and relevant matter of fact set forth in the request.
PRODUCTION OF DOCUMENTS/ THINGS (Rule 27)
Motion + Good cause Any party For order to produce and permit inspection and copying
Not privileged
Contain evidence material to any matter involved in the action In his possession, custody, or control For order to permit entry
Any designated relevant object or operation PHYSICAL AND
MENTAL EXAMINATION (Rule 28)
Motion + Good cause + Notice to (1) party to be examined and (2) all other parties
Court in which the action is pending may in its discretion
In an action in which the mental or physical condition of a party is in controversy
AFTER ACQUIRED JURISDICTION BUT BEFORE RESPONDING TO A PLEADING
Motion to Strike (R 9, S 12) When:
1. Before responding to a pleading
2. If no responding pleading filed, within 20 days after service of the pleading 3. Any time – Upon court’s own initiative
Grounds: (1) Sham or false, (2) Redundant, (3) Immaterial, (4) Impertinent, (5) Scandalous matter
Motion for Extension to File (R 11, S 11) On such terms as may be just
Amendment as a matter of right (A) and Supplemental Pleading (S) (R 10, S 2 & 6) Upon (1) Motion of the party, (2) Reasonable notice, (3) Terms as are just
For (A) : (1) Add/strike out allegation or name of party, (2) Correct a mistake in name, allegation or description
For (S) : Set forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented.
Answer within 15 (A) or 10 (S) days from notice of the order admitting the same Bill of Particulars (R 12)
Purpose : Of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading
When :
1. Before responding to a pleading, or 2. Within 10 days from service of a reply
Filed either in a separate or amended pleading + Serve copy on the adverse party Contents: (1) Point out the defects complained of, (2) Paragraphs wherein they are contained, and (3) Details desired.
Action of the court: 1. Deny or grant outright
o If granted, comply with order within 10 days from notice of order.
o Effect of noncompliance : (1) Strike out pleading, (2) Other order as it deems just.
2.Allow parties opportunity to be heard File responsive pleading :
o When : (1) After service of BOP or more definite pleading, (2) After notice of denial of motion
o Time to plead: Within period to which he was entitled at the time of filing his motion (not less than 5 days)
Becomes part of the pleading for which it is intended.
Motion to Dismiss (R 16) Grounds:
1. No jurisdiction over the person 2. No jurisdiction over subject matter 3. Improper venue
4. Plaintiff has no legal capacity to sue 5. Litis pendentia
6. Res judicata or statute of limitations 7. States no cause of action
8. Claim or demand has been paid, waived, abandoned or extinguished 9. Unenforceable under Statute of Frauds 10.Condition precedent for filing the
claim has not been complied with Hearing : Submit arguments on questions of law and evidence on questions of fact involved EXCEPT those not available at that time
o Evidence presented automatically forms part of evidence during trial Action of the court: (1) Dismiss the action, (2) Deny the motion, (3) Order amendment of pleading.
Time to plead: File answer within period to which he was entitled at the time of filing his motion (not less than 5 days)
Bar refiling of action if MTD granted: grounds (6), (8), and (9)
If MTD granted, counterclaim prosecuted in the same/separate action Dismissal upon notice by plaintiff (R17, S1)
GR: Dismissal is without prejudice UNLESS otherwise specified in the order.
EX: When filed by plaintiff who has once dismissed in a competent court an action based on or including the same claim.
MODES OF DISCOVERY
(DEPOSITIONS)
Scope Any matter 1. Not privileged 2. Relevant to the subject of the pending action 3. Not restricted by protective order or motion to limit examination NOTICE AND SERVICEDeposition before action
Serve upon each person named in the petition as an expected adverse party
Notice + Copy of the petition
WHEN : At least 20 days before the date of the hearing TO WHOM : (1) on the parties; and (2) prospective deponents HOW : In the manner provided for service of summons Deposition upon
oral examination before action
Give reasonable notice in writing to every other party to the action
Contents of notice : (1) Time and place; (2) Name and address of each person to be examined, if name is known; (3) General description to identify him or the particular class/group to which he belongs, if name is not known
After service of notice + On motion of any party = court may enlarge or shorten the time
Deposition upon written
interrogatories before action
Serve upon every other party
Contents of notice : (1) Name and address of person who is to answer them; (2) Name or descriptive title and address of the deposition officer
Deposition pending appeal
Same notice and service as if the action was pending therein Interrogatories
to parties
Serve upon the adverse party
Only one set of interrogatories is allowed UNLESS leave of court is obtained by the same party.
Proof of service of notice Constitute sufficient authorization for the issuance of subpoenas
o For the persons named in said notice
o By the COC of the place in which the deposition is to be taken
Cannot issue a subpoena duces tecum without court order
Deposition before action Deposition pending action and pending
appeal
Interrogatories to parties
Used in an action
involving the same
subject matter
Used at the trial, upon hearing of a motion, or an interlocutory proceeding
Relate to any matters that can be inquired into Against any party who (1) was present; (2) represented at the taking; (2) had due notice 1. Deposition of a witness – may be used by any party
To contradict or impeach the deponent’s testimony as a witness For any purpose if the court finds that:
o Witness is dead;
o Witness resides at a distance more than 100 km from place of trial or hearing, or is out of the Philippines
• UNLESS it appears that absence of witness is procured by party offering the deposition
o Witness is unable to testify because of age, sickness, infirmity, or imprisonment; o Party offering the deposition has been unable to procure the attendance of the
witness by subpoena; or
o Exceptional circumstances exist as to make it desirable to allow the deposition to be used.
• Upon application and notice • In the interest of justice
• With due regard to the importance of presenting the testimony of witnesses orally in open court
2. Deposition of any party, or anyone who at the time of taking the deposition was
an officer, director, or managing agent of a public or private corporation – may be
used by an adverse party for any purpose 3. If only part of the deposition is introduced
Adverse party may require all of it which is relevant to the part introduced Any party may introduce any other parts.
Persons before whom it may be taken: In the Philippines
1. Any judge 2. Notary Public
3. Person authorized to administer oaths o Stipulated in writing In foreign countries 1. Secretary of embassy/legation 2. Consul general 3. Consul 4. Vice-consul 5. Consular agent
6. Appointed by commission/letters rogatory o Letters rogatory must be with leave of court and granted only when a commission is returned unexecuted o On application and notice
7. Person authorized to administer oaths o Stipulated in writing
Substitution of parties
Does not affect the right to use depositions previously taken
Depositions taken and duly filed in a former action may be used in another action involving the same subject and parties
Disqualification by Interest 1. Relative within the 6thdegree of
consanguinity or affinity Of any of the parties /Of counsel 2. Employee
Of any of the parties /Of counsel 3. Counsel of any of the parties 4. Person who is financially
interested in the action
Effect of Taking : Not deemed to make person his witness Effect of Using :
GR : Makes deponent the witness of party introducing the deposition EX : 1. Used to impeach/contradict 2. Deposition of opponent 3. Deposition of an officer of a corporation G RAC E XAVIE RE E . E SC OSIA / AT EN EO LAW 4A 2011
MODES OF DISCOVERY (DEPOSITIONS)
Protection Order (R 23, S 16)
Protection Order (R 23, S 28)
Motion to terminate or limit examination
(R 23,S 18) WHO 1. By any party
2. By person to be examined
1. By a party 2. By a deponent
1. By any party 2. By a deponent WHEN After notice is served AND prior
to taking of testimony of deponent
After service of interrogatories AND prior to taking of testimony of deponent
Any time during the taking of deposition
WHERE Court in which action is pending Court in which action is pending 1. Court in which the action is pending 2. RTC of place where deposition is
being taken
HOW Motion + Good cause Motion + Good cause Motion/Petition
GROUNDS 1. Not be taken
2. Taken only at some designated place
3. Taken only in written interrogatories
4. Certain matters shall not be inquired into
5. Scope of the examination shall be held with no one present (EXCEPT (1) parties to the action; (2) counsel of parties)
6. Sealed deposition opened only by order of the court 7. Secret processes,
developments, or research need not be disclosed 8. Parties shall simultaneously
file specified documents or information enclosed in sealed envelopes to be opened as directed by the court
9. Any other order which justice requires to protect
party/witness from
annoyance, embarrassment, or oppression
1. Any order specified in Secs. 15, 16, 18 which is appropriate and just
2. Deposition not taken before designated officer
3. Taken only in oral examination
Examination conducted to annoy, embarrass, or oppress the deponent or party
Order officer to:
1. Cease from taking the deposition 2. Limit the scope and manner of
taking the deposition
Taking of deposition resumed only upon order of the court in which the action is pending.
At the trial or hearing, any party may object or rebut any relevant evidence contained in a deposition.
Rules on Objections
Objections to direct interrogatories : within 10 days. Objections to cross interrogatories : within 5 days. Objections to re-direct interrogatories : within 3 days. Objections to re-cross interrogatories : within 3 days.
Record of Examination 1. Put the witness under oath
2. Record the testimony
o BY WHOM : (1) By officer; (2) By someone acting under his direction and in his presence
o Taken stenographically UNLESS agree otherwise o Officer shall note all objections upon the deposition In lieu of participating in the oral examination, parties may transmit written interrogatories to the officer.
Procedure for taking depositions
Submission to Witness WHEN : After testimony is fully transcribed
GR:Witness examine deposition and read to or by him. EX: Waived by the witness and by the parties
Changes in form or substance :
1. Entered upon the deposition by the officer
o With statement of the reasons given by the witness 2. Witness signs the deposition
o UNLESS (1) Waiver; (2) Witness is ill; (3) Witness cannot be found; (4) Witness refuses to sign [WICR] 3. If not signed by the witness, officer shall sign it,.
o State on the record the fact of WICR and reason given, if any
o May be used as fully as though signed UNLESS court upholds motion to suppress
Certification by the Officer Contents of certification:
1. Witness was duly sworn to by deposition officer, and 2. Deposition is a true record of the testimony given by
the witness
After certification, securely seal deposition in an envelope indorsed with the title of the action.
Notice of Filing given to all parties
Failure of party giving notice to attend OR serve subpoena : Pay the amount of reasonable expenses incurred by party and his counsel in so attending
Furnish Copies
WHEN : Upon payment of reasonable charge TO WHOM : (1) To any party; (2) To deponent
Filing of the Officer WHERE : Court in which the action is pending He can send it by registered mail to the clerk for filing.
MODES OF DISCOVERY
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Admission by Adverse Party Production or Inspection of Documents
or Things
Physical and Mental Examination of Persons
WHO A party Any party A party in an action in which his mental or
physical condition is in controversy WHEN Any time after issues have been joined
WHERE Court in which the action is pending Court in which the action is pending
ORDERS or EFFECTS
File and serve upon any other party Copies of the documents shall be delivered with the request
o UNLESS copies have already been furnished
Implied admission of matters on which an admission is requested
o WHEN :
1. Within a period not less than 15 days after service of admission, or 2. Within such time as the court may
allow
o Serve a sworn statement
1. Denying specifically the matters of which an admission is requested 2. Set forth in details the reasons why
he cannot truthfully either admit or deny those matters
Objections:
o WHEN : Within the period for and prior to the filing of sworn statement
o Defer filing of sworn statement until objections are resolved Effect of admission:
1. For the purpose of the pending action 2. Not constitute an admission by party
making an admission for any other purpose
3. Not used against a party making an admission in any other proceeding May withdrawn or amended Failure to file and serve:
o Not permitted to present evidence of such fact (asked to be admitted) o UBLESS good cause + prevent
failure of justice
1. To produce and permit the inspection and copying or photographing
By or behalf of the moving party Of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things
o Not privileged
o Contain evidence material to any matter involved in the action o In his possession, custody or
control
2. To permit entry upon property In his possession or control
Purpose : Inspecting, measuring, surveying, or photographing the (1) property or (2) any designated relevant object or operation
Contents of the Order: (1) Time; (2) Place; (3) Manner of making the inspection and taking copies and photographs; (4) Other terms and conditions as are just
Deliver copy of a detailed written report of the examining physician
o If requested by the party examined [PE] o BY WHOM : Party causing the
examination to be made [PCEM] o Sets out the findings & conclusions o EFFECT : PCEM entitled upon request to
receive from PE a like report Any examination
Previously or thereafter made Same mental/physical condition PE waives any privilege
o In that action or any other involving the same controversy
o Regarding the testimony of every other person (1) who examined; (2) may thereafter examine him
o In respect of same mental/physical examination
o Grounds:
1) By requesting and obtaining a report of the examination
2) By taking the deposition of the examiner NOTE: Discovery is subject to the discretion of the court and may be availed of at any stage of the proceeding, even during execution.
MODES OF DISCOVERY
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Effects of Errors and Irregularities in Depositions
As to notice – Waived
o UNLESS written objection is promptly served on party giving the notice
As to disqualification of officer – Waived
o UNLESS made (1) before taking of deposition begins; or (2) as soon as disqualification becomes known or could be discovered with reasonable diligence
As to competency or relevancy of evidence
o Waived ONLY when ground of the objection is one which might have been obviated or removed if presented at that time
As to oral examination and other particulars – Waived o UNLESS reasonable objection is made at the taking o Relating to:
1) Manner of taking of depositions 2) Form of the questions or answers 3) Oath or affirmation
4) Conduct of the parties
5)Errors of any kind which might be obviated, removed or cured if promptly prosecuted
As to form of written interrogatories – Waived
o UNLESSS served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories AND within 3 days after service of the last interrogatories authorized.
As to manner of preparation – Waived o UNLESS a motion to suppress is filed
1)With reasonable promptness after such defect is ascertained
2)With due diligence defect might have been ascertained o Relating to:
1) Manner in which testimony is transcribed
2) Manner in which deposition is prepared, signed, certified, sealed, indorse, transmitted, filed or otherwise dealt with by the officer
Refusal to comply with Modes of Discovery
1. Refusal to answer
WHAT : (1) Upon oral examination; (2) Any interrogatory under Rule 23/25
WHO : (1) Party; (2) Deponent ACTIONS TAKEN:
1. Examination may be (1) completed on other matters OR (2) adjourn o As the proponent of the question
may prefer
2. Proponent apply for an order to compel an answer
o WHERE : Court of the place where the deposition is being taken 3. If granted, require to pay reasonable
expenses incurred in obtaining the order
o WHO : (1) Refusing party; (2) Deponent; (3) Counsel advising the refusal; (4) Both (1)/(2) and (3) o Including attorney’s fees
4. If denied and filed without substantial justification, require to pay reasonable expenses incurred in opposing the application
o WHO : (1) Proponent; (2) Counsel advising the filing of the application; (3) Both of them o Including attorney’s fees
2. Contempt of court Grounds:
1. Refuses to be sworn
2. Refuses to answer any question after being directed to do so by the court in which deposition is being taken
3. Other consequences WHO: (1) Any party; (2) Officer; (3) Managing agent Refused to obey the following orders:
1. Order requiring him to answer designated questions
2. Order to produce any thing for inspection, copying, or photographing
3. Order to permit inspection, copying, or photographing any thing 4. Order to permit entry upon land or other property
5. Order requiring him to submit to a physical or mental examination The court may order that:
1. Matters regarding which the questions were asked, or the character of the land or the thing, or the physical and mental condition of the party be taken to be established;
2. Disallowance of the disobedient party’s claims;
3. Prohibition of the disobedient party to present evidence; 4. Striking out of the pleadings or parts thereof;
5. Staying further proceedings until order is obeyed; 6. Dismissal of the action or parts thereof;
7. Rendering judgment by default against the disobedient party; or 8. Arrest of any party or of agent
o EXCEPT order to submit to a physical or mental examination 4. Refusal to admit under R 26
REFUSED TO ADMIT:
1. Genuineness of any document 2. Truth of any matter of fact
EFFECT : Order to pay reasonable expenses incurred by the other party, including attorney’s fees
o UNLESS (1) good reasons for the denial; or (2) admissions sought were of no substantial importance
5. Failure of party to attend or serve answers willfully WHO : (1) Party; (2) Officer; (3) Managing agent
HOW : On motion and notice EFFECT :
1. Strike out all or any part of any pleading of that party 2. Dismiss the action/proceeding/any part thereof 3. Enter judgment by default against that party
4. Order to pay reasonable expenses incurred by the other party, including attorney’s fees
Expenses and attorney’s fees are not to be imposed upon the Republic of the Philippines.
DEFAULT
Upon motion of claiming party + Notice to defendiant + Proof of failure to answer
Kinds:
1. General order of default
2. “As in default” – failure to appear during pre-trial
Order of default : Still entitled to notice of subsequent proceedings
Remedy for Order of Default:
o Motion to set aside (FAME + Meritorious defense + Under oath) Judgment in default : Grant claimant such relief as his pleading may warrant UNLESS the court in its discretion require claimant to present evidence.
Remedies for Judgment in Default: 1. Appeal
2. Motion for New Trial 3. Petition for relief 4. Petition for Certiorari 5. Annulment of judgment
Partial Default:
o Claim states a common cause of action against several defendants o Try case against all upon the
answers filed by some defendants
and render judgment upon
evidence presented Extent of relief:
o Award not exceed amount or be different in kind from that prayed for
o Not award unliquidated damages No defaults allowed:
1. Annulment or declaration of nullity of marriage
2. Legal separation 3. Summary Procedure
4. Special Civil Action EXCEPT: interpleader, declaratory relief
JOINDER OF ISSUES
AnswerDefending party sets forth his defenses When:
o Natural: 15 days after service of summons o Juridical: 30 days after receipt of
summons Counterclaim (CC)
Any claim which a defending party may have against an opposing party.
Kinds: 1. Compulsory
o Within jurisdiction of the court as to the amount and nature
o Arises out of or is connected with the transaction or occurrence constituting the subject matter of opposing party’s claim o Not require for its adjudication the
presence of third parties of whom the court cannot acquire jurisdiction
2. Permissive
Must pay docket fees, regardless if permissive or compulsory
Cross claim (XC)
Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim
Must pay docket fees
Third party claim
Filed by defending party against a person not a party to the action for contribution, indemnity, subrogation, or any relief, in respect of opponent’s claim
With leave of court Must pay docket fees
Defenses Kinds: 1. Negative
o Specific denial of the material fact/s alleged in the pleading of the claimant essential to his cause/s of action
2. Affirmative
o Allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him o Grounds : 1) Fraud 2) Statute of limitations 3) Release 4) Payment 5) Illegality 6) Statute of frauds 7) Estoppel 8) Former recovery 9) Discharge in bankruptcy 10) Any other matter by way of
confession and avoidance 11) Grounds for Motion to Dismiss Kinds of denials:
1. Partial denial
o Defendant denies only a part of the averment and specify so much of it as is true and material 2. Absolute denial
o Defendant specifies each material allegation of fact the truth of which he does not admit, o Whenever practicable, defendant sets forth the substance of the matters upon which he relies to support his denial
3. Denial by disavowal of knowledge o Defendant is without knowledge
or information sufficient to form a belief as to the truth of a material averment made in the complaint
Objections (R 9, S 1 & 2)
GR: Defenses and objections not pleaded either in a motion to dismiss or an answer are deemed waived.
EX: (1) No jurisdiction over the subject matter, (2) Litis pendentia, (3) Res judicata, (4) Statute of limitations
A compulsory counterclaim or cross claim not set up shall be barred.
Lis Pendens (R 13, S 14)
A notice of a pendency of the action between the parties involving title to or right of possession over real property
Covers only property subject of litigation Requisites:
1. Action affects the TITLE or the right of possession of the real property;
2. AFFIRMATIVE RELIEF is claimed;
3. NOTICE shall contain the name of the parties and the object of the action or defense an a description of the property affected thereby; and
4. Action in rem.
When: (1) Upon the filing of the complaint or the filing of the answer, or (2) any time afterwards.
Any purchaser or encumbrancer of the property affected shall be bound or deemed to have constructive notice of the same.
Grounds for cancellation:
1. The notice is for the purpose of molesting the adverse party; or
2. It s not necessary to protect the rights of the party who caused it to be recorded. Dismissal upon motion of plaintiff (R17, S2)
Needs approval of the court Dismissal without prejudice
Dismissal limited to the complaint if a counterclaim is pleaded by defendant prior to service upon him of plaintiff’s motion for dismissal
Defendant can prosecute his counterclaim: 1. Separate action,
2. Same action (if within 15 days from notice of motion he manifests his preference) GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Omitted CC or XC
Grounds : (1) oversight, (2) inadvertence, (3) excusable neglect, (4) when justice requires
By leave of court
VENUE
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
If nonresident defendant and cannot be found in the Philippines:
o Action affects (1) personal status of plaintiff, or (2) any property of defendant located in the Philippines o File (1) Plaintiff resides, or
(2) Where property or any portion is situated
Stipulations on venue: 1. In writing;
2. Made before the filing of the action; and
3. Exclusive as to the venue.
REAL ACTION PERSONAL ACTION
Affects title to or possession of real property, or interest therein
Personal property is sought to be recovered or where damages for breach of contract are sought Founded on the privity of real
estate
Founded on privity of contract Filed in the court where the
property or any part thereof is situated
Filed in the court where
1. Plaintiff or any principal plaintiff resides,
2. Defendant or any of the principal defendant resides, or 3. Where he may be found (nonresident defendant)
AT THE OPTION OF THE PLAINTIFF Venue is procedural, not jurisdictional.
Rule on venue not applicable: 1. Specific rule or law provides
otherwise
2. By agreement of parties (stipulated venue)
Waiver of venue: 1. Failure to object via MTC; 2. Affirmative relief is sought; 3. Voluntary submission; 4. Laches.
GR: Cannot be dismissed motu proprio.
EX : Summary Procedure Reply
Denies or allege facts in denial or avoidance of new matters alleged by way of defense in the answer
When: Within 10 days from service of pleading responded to
AFTER ANSWER IS FILED
Answer to counterclaim or cross claim
When: Within 10 days from service of pleading Bring new parties
When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of the CC or XC
If jurisdiction can be obtained over the party
Summary judgment
Ground : Issues apparently exist 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
o No genuine issue as to any material fact EXCEPT as to amount of damages, and o Moving party entitled to judgment as a matter
of law
When : At least 10 days before the hearing File opposing affidavits, depositions or admissions : At least 3 days before hearing
Can be full or partial judgment Cannot be rendered motu proprio
Filed affidavits in bad faith or solely for delay: 1. Order to pay other party the amount of
reasonable expenses incurred 2. Contempt
Judgment on the pleadings Grounds:
1. Answer fails to tender an issue
2. Admits the material allegations of the adverse party’s pleading
Always full judgment
When : At least 3 days before the hearing Can be rendered motu proprio during pre-trial; Always on motion of the party during trial
Amendment by leave of court
Upon (1) Motion of the party, (2) Notice to adverse party, (3) Opportunity to be heard
Purpose: (1) Add/strike out allegation or name of party, (2) Correct a mistake in name, allegation or description
Substantial amendments only by leave of court o Denied if only made with intent to delay Answer within 10 days from notice of the order admitting the same
PRE-TRIAL
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011 Plaintiff move ex parte to
set for pre-trial conference Within 5 days from filing of reply or after last pleading has been served and filed.
If plaintiff fails, Branch COC issue a notice of pre-trial
o Serve on counsel, or on party who has no counsel
Pre-Trial Brief Contents:
1. Statement of willingness to enter into an amicable settlement or to ADR
2. Summary of admitted facts & proposed stipulation of facts
3. Issues to be tried
4. Documents/exhibits to presented o Only evidence pre-marked during the
pre-trial will be allowed to be offered during the trial
EXCEPT Good cause
5. Manifestation to avail mode of discovery or referral to commissioners
6. Number and names of witnesses, substance of testimony & # of hours
Must be strictly complied with
Failure to file has same effect as failure to appear at the pre-trial.
Preliminary Conference
At the start, refer parties and/or counsel to PMC mediation unit
Duties of Branch COC:
1. Assist in reaching a settlement 2. Mark documents/exhibits 3. Consider such other matters as
may aid in its disposition 4. Ascertain undisputed facts and
admissions on the genuineness & due execution of documents Both parties and/or counsel
must sign Minutes of
Preliminary Conference Duties of Judge: 1. Study all the pleadings 2. Determine the issues
3. Not terminate case even if parties manifest that they cannot settle the case
4. Endeavor to persuade parties to arrive at a settlement At least 3
days before pre-trial
Judge confer with the parties
If no amicable
settlement, confer with parties and opposing counsel to consider manner of compromise based on the evidence presented.
If not successful, confer with party and counsel separately.
If manner of compromise is not successful, confer with parties without counsel.
If mediation fails, schedule continuance of pre-trial conference.
If all efforts to settle fail Duties of Trial Judge
1.Adopt the minutes of preliminary conference and confirm markings of the exhibits.
2.Order consolidation if there are cases arising out of same facts 3.Order amendment if pleadings are not in order.
4.Resolve interlocutory issues.
5.Scrutinize every single allegation of the complaint and other pleadings.
6.Define and simplify factual and legal issues arising from pleadings.
7.Determine propriety of rendering a summary judgment or judgment on the pleadings.
8.Agree on specific trial dates.
One Day Examination of Witness Rule
Last day of hearing, (1) make formal offer of evidence after presentation of last witness; and (2) opposing party immediately interpose his objections.
1.Determine most important witnesses to be heard.
2.Order parties to use affidavits of witnesses as direct testimonies.
Subject to cross examination
11. Submit to COC names, addresses & contact # of witnesses 12. Order delegation of reception of evidence to COC 13. Refer case to trial by commissioner
Within 10 days after termination
of pre-trial
Issue Pre-Trial Order May dictate it in open court in the presence of the parties and counsel
Signed by parties and/or counsel
Pre-trial is mandatory. Non-appearance excused only if: 1. Valid cause 2. Authorized
representative o Enter into amicable
settlement o Submit to ADR o Enter into stipulations or admissions Effect of failure to appear o Plaintiff: Dismiss action with prejudice o Defendant: Allow plaintiff to present his evidence ex parte and court to render judgment
TRIAL
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Motion for Postponement Grounds:
1. Absence of evidence By affidavit
1) Showing materiality or relevancy of such evidence
2) Due diligence has been used to procure it
If the adverse party admits the facts to be given in evidence, the trial shall not be postponed.
o Even if he objects/reserves the right to object to their admissibility 2. Illness of party or counsel
By affidavit or sworn certification 1) Presence of P/C at the trial is
indispensable
2) Character of P/C’s illness is such as to render his non-attendance excusable Consolidation
Applies to (1) actions involving common questions of law or fact pending before the same judge, and (2) special proceedings
Case which was appealed later and bearing the higher docket number is consolidated with the case having the lower docket number
GR: The consolidation of several cases involving the same parties and subject matter is discretionary with the trial court.
EX: Consolidation becomes a matter of duty if (1) two or more cases are tried before the same judge or, (2) filed with different branches of the RTC, one of such cases has not been partially tried.
Trial by Commissioner (Cm) Reference to Cm: 1. By consent
o Written consent of both parties
o Irregularity in appointment must be raised in trial court; otherwise, waived.
2. By motion or Motu Proprio o Situations covered:
1) Trial of an issue of fact requires examination of a long account
Cm hear and report upon the whole issue/any specific question involved
2) Taking of account is necessary
For the information of the court before judgment
For carrying a judgment into effect
3) Question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the case
4) Question of fact, other than upon the pleadings, for carrying a judgment or order into effect Order of reference may specify or limit the powers of the Cm.
Powers of Cm:
1. Report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only;
2. Exercise the power to regulate the proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties;
3. Issue subpoena & subpoena duces tecum; 4. Swear witnesses; and
5. Rule upon the admissibility of evidence
o Unless otherwise provided in the order of reference
First meeting of parties or their counsels o Within 10 days after date of reference o Cm must notify parties or their counsel o Failure to appear : (1) proceed ex parte; (2)
adjourn to a future day (w/ notice) Order to expedite proceedings & to make report
o On notice to parties and Cm Report of Cm:
o WHEN : Upon completion of trial/hearing o Set forth findings of fact & conclusions of law o Attach all exhibits, depositions, papers, and the
transcript of testimonial evidence o Upon filing of report, notify parties by clerk
Object within 10 days
o Upon expiration of 10-day period, report set for hearing : (1) adopt; (2) modify; (3) reject; (4) recommit w/ instructions; or (5) require parties to produce further evidence
Demurrer to Evidence
WHEN : After plaintiff has completed the presentation of his evidence (and have formally offered his evidence(
GROUND : Upon the facts and law the plaintiff has shown no right to relief
If denied, right to present evidence If granted but on appeal reversed, deemed waived right to present evidence
Amendment to conform to the evidence ACT: (1) To conform to the evidence, and (2) to raise issues raised in the pleadings
GROUNDS :
1. When issues not raised by the pleadings are tried with the consent of the parties 2. Evidence is objected to at the trial that it is not within the issues made by the pleadings
BY WHOM : Any party
WHEN : Any time even after judgment HOW: By motion
Failure to amend does not affect result of the trial of these issues
Court may grant continuance Notice of Trial
WHEN : Upon entry of a case in the trial calendar
In such manner as shall ensure receipt of the party at least 5 days before date of trial Order of Trial
Limited to issues stated in the pre-trial order
Procedure:
1. Plaintiff adduce evidence 2. Defendant adduce evidence 3. Third-party defendant adduce
evidence, if any
4. Parties against whom any CC or XC has been pleaded adduce evidence o In the order to be prescribed by
the court
5. Adduce rebutting evidence only o UNLESS good reasons + in
furtherance of justice, permit to adduce evidence upon the original case
6. Deemed submitted for decision
o WHEN : Upon admission of evidence
o UNLESS directed to (1) argue; or (2) submit respective memoranda or any further pleadings
Several defendants + Separate defenses + Appear by different counsel = Court determine the relative order of presentation of their evidence
Agreed statement of facts o WHO : Parties to any action
o WHAT : Upon facts involved in the litigation
o EFFECTS :
1. Submit the case for judgment on the facts agreed upon, without the introduction of evidence
2. If agree only on some of the facts in issue, trial held as to the disputed facts in such order as the court prescribe.
o FORM: 1. In writing, or
2. Verbally in open court Judge to receive evidence
o WHO : Court where case is pending o WHAT : Evidence to be adduced by
the parties
Delegation to clerk of court o Grounds:
1) In default 2) Ex parte hearings
3) In any case where the parties agree in writing
o COC must be a member of the bar o No power to rule on objections
To any admission, or to the admission of exhibits
Objections resolved by the court upon submission of his report and transcripts within 10 days from termination of hearing
Adjournment
From day to day and to any stated time Cannot adjourn a trial for a longer period than 1 month for each adjournment and more than 3 months in all
o EXCEPT authorized in writing by the SC Court Administrator
JUDGMENT
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Rendition
HOW : By filing of the signed decision with the clerk of court
If the decision is sent by the judge by registered mail, it is considered filed in court as of the date of its receipt by the clerk.
Entry of Judgment
WHEN : No appeal, MNT, or MR if filed within the prescribed time
WHERE : Book of entries of judgments Contents of record:
1. Dispositive part of judgment/order 2. Signed by the clerk
3. With a certificate that such judgment or order has become final and executory
Several Judgment
Action must be against several defendants Where the liability of each party is clearly separable and distinct from that of his co-parties such that the claims against each of them could have been the subject of separate suits, & judgment for or against one of them will not necessarily affect the others
Judgment rendered against one or more of the parties, leaving the action to proceed against the others
Promulgation
It is the process by which a decision is published, officially announced, made known to the public or delivered to the Clerk of Court for filing, coupled with notice to the parties or their counsel.
Final Order
When it determines the merits of the case and finally disposes of the pending action so that nothing more can be done with it in the lower court
FORM: 1. In writing
2. Personally & directly prepared by a judge 3. State clearly and distinctly the facts and
the law on which it is based 4. Signed by the judge 5. Filed with the clerk of court
Date of finality is date of its entry
Modification of Judgment
GR: Before the lapse of the period to appeal, the judge can change the judgment, or even make a new one. A decision that has acquired finality becomes immutable and unalterable. (Doctrine of Conclusiveness or Immutability of Judgments)
EX:
1. Correction of clerical errors 2. Nunc pro tunc entries 3. Void judgments
4. Whenever circumstances transpire after the finality of the decision making its execution unjust and inequitable.
Separate Judgment
Presupposes that there are several claims for relief presented in a single action
WHEN : Any stage
o Upon a determination of the issues material to a particular claim and all CC arising out of the transaction or occurrence which is the subject matter of the claim
May stay its enforcement
o Until rendition of subsequent judgment o Prescribe conditions as may be
necessary to secure the benefit of party in whose favor judgment is rendered Judgment Upon a Confession
Rendered by the court when a party expressly agrees to the other party’s claim or acknowledges the validity of the claim against him
Judgment Upon a Compromise
Rendered by the court on the basis of a compromise agreement entered into between the parties to the action. Clarificatory Judgment
Where the judgment is ambiguous and difficult to comply with
Judgment Pro Tunc
Rendered to enter or record such judgment as had been formerly rendered but has not been entered as thus rendered
Void Judgment
If a decision is void, it has no legal effect at all. EXCEPT Doctrine of operative facts
Conditional Judgment
The effectivity of which depends upon the occurrence or the non-occurrence of an event; It is void.
Sin Perjuicio Judgment
One that makes reservation in favor of some parties as to the right to do something in a separate and further proceedings. It is not a binding one.
Incomplete Judgment
One that does not dispose of all the issues of a case validly raised. It is not final until it is completed.
Judgment on the Merits
When it amounts to a legal declaration of the respective rights and duties of the parties, based upon the disclosed facts Erroneous Judgment
A judgment contrary to the express provisions of law is erroneous but it is not void. Once it becomes final and executor, it is binding and effective as any judgment and, though erroneous, will be enforced as a valid judgment in accordance with its dispositions.
Judgment against entity w/o juridical personality Set out their individual/proper names, if known
BEFORE FINALITY
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Motion for Reconsideration Grounds:
1. Damages awarded are excessive 2. Insufficiency of evidence 3. Decision is contrary to law
Pro Forma Motion
o Where a MR is but a reiteration of reasons and arguments previously set forth in the movant’s memorandum and which the trial court had already considered, weighed and resolved adversely before it rendered its decision now sought to be considered GR: Second MR is not allowed.
EX:
1. For extraordinarily persuasive reasons and only upon express leave first obtained 2. Meritorious on its face
3. Substantial justice Contents:
1. Point out specifically the findings or conclusions of judgment or order which are
o Not supported by evidence o Contrary to law
2. Make express reference to testimonial or documentary evidence or to provisions of law alleged to be contrary to findings
Motion for New Trial Grounds:
1. Fraud, accident, mistake or excusable negligence
o Ordinary prudence could not have guarded against
o Probably impair the rights of an aggrieved party
o Supported by affidavits of merits 2. Newly discovered evidence
o Could not discover and produce at the trial with reasonable diligence
o If presented, would probably alter the result o Supported by (1) affidavits of witnesses by
whom such evidence is expected to be given; or (2) duly authenticated documents which are proposed to be introduced in evidence Pro Forma Motion
o If a motion for new trial does not satisfy the requirements of this rule, it is pro forma and does not suspend the period to appeal. Second MNT
o Where the ground was not available or existing at the time when the first motion was filed
o Filed within the time provided excluding the time during which the first motion had been pending
If MNT is granted
o Original judgment or order shall be vacated o Action stand for trial de novo
o Recorded evidence taken upon former trial shall be used at the new trial without retaking the same
If material & competent to establish issues Motion for Reopening Trial
Presented only after either or both parties have formally offered and closed their evidence before judgment.
It is controlled by no other rule than the paramount interest of justice, resting entirely on the sound discretion of a court.
Common Provisions for MNT or MR WHEN FILED : Within 15 days from notice of judgment or order
WHEN RESOLVED : Within 30 days from time motion is submitted for resolution
FILED BY : Aggrieved party Contents:
1. In writing 2. State ground/s
3. Served by movant on adverse party Pro Forma motion shall not toll reglementary period of appeal
Actions of the court:
1. Set aside judgment or order and grant a new trial
2. Deny the motion
3. Amend judgment or order
o Court finds that (1) excessive damages have been awarded, or (2) judgment or order is contrary to evidence or law Partial MNT or MR
o Grounds affect the issues as to: 1) Only a part or less than all of the
matter in controversy
2) Only one or less than all of the parties to it
o Order new trial/grant reconsideration as to such issues if severable
Without interfering with judgment or order upon the rest
Denial of MNT or MR: o Order is not appealable
