REMEDIAL LAW BASED ON THE SUPREME COURT SYLLABUS By: Atty. Alfredo G. del Rio T!

y "ord i# $ l$%& '(to %y feet $(d $ li)!t '(to %y &$t!* +P#$l% ,,-:,./0 ,. Ge(er$l Pri(1i&le#

,.,.

Co(1e&t of re%edi$l l$"

Remedial law has the primordial role in the administration of justice. It is the core of procedural due process which according to Daniel Webster is a law that hears before it condemns; that proceeds upon inquiry, and renders judgment only after trial. It pro ides methods to effectuate causes of action, redress wrong and grant of relief. Remedial law pro ides the mechanics of due process as follows! a" # court or tribunal clothed with judicial power to hear and determine the matter before it; b" $urisdiction must be lawfully acquired o er the person of the defendant or o er the property which is the subject matter of the proceeding; c" %he defendant must be gi en an opportunity to be heard; and d" $udgment must be rendered upon lawful hearing &'anco (spanol )ilipino . *alanca, +, *hl -./, -+0"
,.2.S'3#t$(ti4e l$" 4i#5654i# re%edi$l l$"

%wo di isions in the law are substanti e law and adjecti e law &remedial law". /.../. 1ubstanti e law is that part of the law which creates, defines or regulates rights concerning life, liberty, or property, or the powers conferred upon agencies of the

go ernment for the administration of public affairs. /..... #djecti e law is that part of the law which prescribes the method of enforcing rights or obtaining redress for their
in asion. ,.7. R'le5%$8i() &o"er of t!e S'&re%e Co'rt

2*romulgate rules concerning the &rote1tio( and e(for1e%e(t of constitutional rights, &le$di()9 &r$1ti1e9 $(d &ro1ed're +PPP0 in all courts, the admission to the practice of law, the Integrated 'ar, and Le)$l A##i#t$(1e to t!e '(der&ri4ile)ed. 1uch rules shall pro ide a #i%&lified and i(e:&e(#i4e9 procedure for the speedy disposition of cases, shall be '(ifor% for $ll 1o'rt# of t!e #$%e )r$de, and shall not diminish, increase, or %odify substanti e rights &3eyword! SIUDIM". Rules of procedure of special courts and quasi-judicial bodies shall remain effecti e unless disappro ed by the 1upreme 4ourt &Ite% /9 Se1tio( /9 Arti1le ;II <'di1i$l De&$rt%e(t9 ,-=> Co(#tit'tio( of t!e P!ili&&i(e#0
,.7.,. Li%it$tio(# o( t!e r'le5%$8i() &o"er of t!e

S'&re%e Co'rt Rules of *rocedure must be! a" simplified b" ine5pensi e for the speedy disposition of cases c" uniform for all court of the same grade d" shall not diminish9 increase, or %odify substanti e rights ,.7.2. Po"er of t!e S'&re%e Co'rt to $%e(d $(d #'#&e(d &ro1ed'r$l r'le# 2%he power of this 4ourt to suspend its own rules or to e5cept a particular case from its operations whene er the purposes of justice require it, cannot be questioned. In not few instances, this 4ourt ordered a new trial in criminal cases on grounds not mentioned in the statute, i6! retraction of witness, negligence or incompetency of counsel, impro ident plea of guilty, disqualification
.

of an attorney de oficio to represent the accused in trial court, and where a judgment was rendered on a stipulation of facts entered into by both the prosecution and the defense. 1imilarly, in a considerable host of cases has this prerogati e been in o7ed to rela5 e en procedural rules of the most mandatory in character in term of compliance, such as the period to appeal. 8et us not forget that the rules of procedure should be iewed as mere tools designed to facilitate the attainment of justice. T!eir #tri1t $(d ri)id $&&li1$tio(9 "!i1! "o'ld re#'lt i( te1!(i1$litie# t!$t te(d to fr'#tr$te r$t!er t!$( &ro%ote #'3#t$(ti$l ?'#ti1e9 %'#t $l"$y# 3e $4oided. ( en the Rules of 4ourt en ision this liberality. %his power to suspend or e en disregard the rules can be so per asi e and encompassing so as to alter e en that which this 4ourt itself has already declared to be final, as we are now compelled to do in this case +Do%i()o de G'@%$( 4. T!e S$(di)$(3$y$( $(d t!e Peo&le of t!e P!ili&&i(e#9 G.R. No. ,.72>A9 A&ril ,,9 ,--A0
,.B. N$t're of P!ili&&i(e 1o'rt#

/.0./. 9eaning of a court # court is a body in the go ernment to which the public administration of justice is delegated +2, C.<.S. ,/0. /.0... 4ourt as distinguished from a judge 4ourt is an entity and the person occupying the court is called the judge. 4ourts may e5ist without a judge while there may be a judge without court. 4ourts ha e jurisdiction while judges ha e none.
/.0.+. Cl$##ifi1$tio( of P!ili&&i(e 1o'rt# /.0.+./. Co(#tit'tio($l Co'rt : 1upreme 4ourt ,.B.7.2 St$t'tory Co'rt# : %hose created by the legislature! +

a. 4ourt of #ppeals b. %he Regional %rial 4ourts c. %he 9etropolitan %rial 4ourts :'* /.d. %he 9unicipal 4ourts ; '* /.e. 4ourt of %a5 #ppeals : special law f. )amily 4ourts : special law
/.0.+.+. S'&erior Co'rt# : 4ourts of general

jurisdiction ta7e cogni6ance of all 7inds of cases whether ci il or criminal and possess super isory authority o er lower courts.
/.0.+.0. I(ferior Co'rt# C ta7e cogni6ance of

particular specified cases only! a. 9etropolitan %rial 4ourts b. 9unicipal %rial 4ourts c. 9unicipal 4ircuit %rial 4ourt /.0.0. Co'rt# of ori)i($l $(d $&&ell$te ?'ri#di1tio( /.0.0./. 4ourts of <riginal jurisdiction : those where a case is originally commence. /.0.0... 4ourts of #ppellate jurisdiction : those courts where a case is re iewed.
/.0.=. Co'rt# of )e(er$l $(d #&e1i$l ?'ri#di1tio(

/.0.=./. 4ourts of general jurisdiction : courts which ta7e cogni6ance of all cases, ci il or criminal, e5cept those assigned to special courts and courts of limited jurisdiction. /.0.=... )amily 4ourts : %hese are courts created by Republic #ct >o. ?+@- ested with e5clusi e original jurisdiction o er child and family cases. /.0.@. 4onstitutional and statutory courts &see /.0.+./ and /.0.+.."
/.0.,. Co'rt# of l$" $(d eD'ity /.0.,./. 4ourts of 8aw : are tribunal duly administering the 0

laws of the land. /.0.,... 4ourts of (quity : strictly spea7ing, our courts are courts of law. It is only when there is no law that the judge may apply equity. (quity is also justice sweetened by mercy :$ustinian /.0.?. Pri(1i&le of ?'di1i$l !ier$r1!y #lthough the 1upreme 4ourt, 4ourt of #ppeals and the Regional %rial 4ourts ha e concurrent jurisdiction to issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction, #'1! 1o(1'rre(1e doe# (ot )i4e t!e &etitio(er '(re#tri1ted freedo% of 1!oi1e of 1o'rt for'%. #s we stated in *eople . 4uaresma &A.R. >o. /0B-=#pril /., .BB=, 0== 14R# 0@B"!
2%his 4ourtCs original jurisdiction to issue writs of certiorari is not e5clusi e. It is shared by this 4ourt with Regional %rial 4ourts and with the 4ourt of #ppeals. %his concurrence of jurisdiction is not, howe er, to be ta7en as according to parties see7ing any of the writs an absolute, unrestrained freedom of choice of the court to which application therefor will be directed. T!ere i# $fter $ll $ !ier$r1!y of 1o'rt#. T!$t !ier$r1!y i# deter%i($ti4e of t!e 4e('e of $&&e$l#9 $(d $l#o #er4e# $# $ )e(er$l deter%i($(t of t!e $&&ro&ri$te for'% for &etitio(# for t!e e:tr$ordi($ry "rit#. A 3e1o%i() re)$rd for t!$t ?'di1i$l !ier$r1!y %o#t 1ert$i(ly i(di1$te# t!$t &etitio(# for t!e i##'$(1e of e:tr$ordi($ry "rit# $)$i(#t fir#t le4el + i(ferior*0 1o'rt# #!o'ld 3e filed "it! t!e Re)io($l Tri$l Co'rt9 $(d t!o#e $)$i(#t t!e l$tter9 "it! t!e Co'rt of A&&e$l#. # direct in ocation of the 1upreme 4ourtDs original jurisdiction to issue these writs should be allowed only when there are special and important reasons therefor, clearly and specifically set out in the petition. %his is EanF established policy. It is a policy necessary to pre ent inordinate demands upon the 4ourtDs time and attention which are better de oted to those matters within its e5clusi e jurisdiction, and to pre ent further o er;crowding of the 4ourtDs doc7et. T!e r$tio($le for t!i# r'le i# t"o5fold: +$0 it "o'ld 3e $( i%&o#itio( '&o( t!e &re1io'# ti%e of t!i# Co'rtE $(d +30 it "o'ld 1$'#e $( i(e4it$3le $(d re#'lt$(t del$y9 i(te(ded or ot!er"i#e9 i( t!e $d?'di1$tio( of 1$#e#, which in some instances had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resol e the issues because this 4ourt is not a %rier of facts. %hus, this 4ourt will not entertain direct resort to it unless the redress =

desired cannot be obtained in the appropriate courts, and e5ceptional and compelling circumstances, such as cases of national interest and of serious implications, justify the a ailment of the e5traordinary remedy of writ of certiorari, calling for the e5ercise of its primary jurisdiction. (5ceptional and compelling circumstances were held present in the following cases! &a" 4ha e6 s. Romulo on citi6ensD right to bear arms; &b" Ao ernment of the Gnited 1tates of #merica s. *uruganan on bail in e5tradition proceedings; &c" 4ommission on (lections s. Huijano;*adilla on go ernment contract in ol ing moderni6ation and computeri6ation of otersD registration list; &d" 'u7lod ng 3awaning (II' s. Iamora on status and e5istence of a public office; and &e" )ortich s. 4orona on the so;called 2Win;Win Resolution of the <ffice of the *resident which modified the appro al of the con ersion to agro;industrial area. /.0.-. Do1tri(e of (o(5i(terfere(1e or do1tri(e of ?'di1i$l #t$3ility >o court has authority to interfere by injunction with the judgment of another court of co;ordinate jurisdiction &4ojuangco . Jillegas, /?0 14R# ,+0". >o R%4 can pass upon and scrutini6e, and much less declare as unjust a judgment of another R%4 and sentence the judge thereof liable for damages without running afoul with the principle that only the appellate courts, namely, the 4ourt of #ppeals and the 1upreme 4ourt, are ested with authority to re iew and correct errors of the trial courts. &Jillamor . 1alas, .B+ 14R# =0B, /--/" In li7e manner, courts cannot interfere with the order of a regulatory commission which is a co;equal body &*hilippine *acific )ishing 4o. . 8una, //. 14R# @B0; /-?." 2. <'ri#di1tio( 2$urisdiction is deri ed from the 8atin terms juris and dico which means, 2I spea7 of the law. It is the power and authority of a court to hear, try, and decide a case. 2%he 4ongress shall ha e the power to defi(e9 &re#1ri3e9 $(d $&&ortio( the ?'ri#di1tio( of t!e 4$rio'# 1o'rt# but may not depri e the 1upreme 4ourt of its jurisdiction o er cases enumerated in 1ection = hereof. &1ection ., #rticle JII, /-?, 4onstitution" %he $udiciary cannot properly e5ercise judicial power without prior legislati e action by! a" defining such enforceable and demandable rights and prescribing remedies for iolations of such rights; b" determining the court with jurisdiction to hear and decide contro ersies or disputes arising from legal rights &4onstitutional @

1tructure and *owers of Ao ernment by 'ernas, p. =.B, .nd (dition /--,". ../. O4er t!e &$rtie# .././. Kow is jurisdiction o er the plaintiff is acquiredL $urisdiction o er the plaintiff or petitioner is acquired by the filing of the complaint, petition or initiatory pleading before the court by the plaintiff or petitioner &Kiyas 1a ings and 8oan 'an7, Inc. . Kon. (dmundo %. #cuna M #lberto 9oreno A.R. /=0/+., #ugust +/ .BB@" ../.. Kow is jurisdiction o er the defendant acquiredL $urisdiction o er the defendant or respondent is acquired by the oluntary appearance or submission by the defendant or respondent to the court or by coerci e process issued by the court to him, generally by the ser ice of summons. .... O4er t!e #'3?e1t %$tter ..../. 9eaning of jurisdiction o er the subject matter %his is conferred by law and, unli7e jurisdiction o er the parties, cannot be conferred on the court by the oluntary act or agreement of the parties. ..... $urisdiction ersus the e5ercise of jurisdiction $. $urisdiction is conferred by substanti e law &'* /.-" while the e5ercise of jurisdiction, unless otherwise pro ided by the law, is go erned by the Rules of 4ourt or by order issued from time to time by the 1upreme 4ourt. $urisdiction is the power and authority to hear, try and decide a case, it does not depend on the regularity of e5ercise of power. 1ections /,; /? '* /.- pro ides! 2%he e5ercise by the Regional %rial 4ourt and their judges is regional in scope but it may be limited to the territorial area of the branch in which the judge sits &Offi1e of Co'rt Ad%i(i#tr$tor 4. M$t$#99 AM No. R//5 -25=7A9 A')'#t 29 ,--/9 A7 SCAD 7729 2B> SCRA -0. 3. %he authority to decide a case is what ma7es up jurisdiction not the decision. $urisdiction o er the person plus jurisdiction o er the subject matter equals decision on all other questions is, an e5ercise of such jurisdiction. ....+. (rror of jurisdiction as distinguished from error of judgment

(rror of ?'ri#di1tio( is one where the act complained of was issued by the court "it!o't or i( e:1e## of ?'ri#di1tio( and which error is correctible only by the e:tr$ordi($ry "rit of 1ertior$ri. (rrors of ?'d)%e(t of the trial court are to be resol ed by the appellate court in the appeal by and of error ia a petition for re iew on certiorari under Rule 0= of the Rules of 4ourt. #s long as the court acts within its jurisdiction, any alleged errors committed in the e5ercise of its discretion will amount to nothing more than mere errors of judgment, correctible by an appeal or a petition for re iew under Rule 0= of the Rules of 4ourt &Peo&le 4. Co'rt of A&&e$l#9 GR No. ,BB7729 ,. <'(e 2..B9 B7, SCRA A,.0 ....0. Kow is jurisdiction 1o(ferred and deter%i(edL $urisdiction o er the subject matter is 1o(ferred only by the constitution or law. It cannot be fi5ed by the will of the parties; it cannot be acquired through, or wai ed, enlarged or diminished by, ay act or omission of the parties &9un. of 1ogod . Rosal, A.R. >o. 8;+?.B0, 1ept. .0, /--/, .B/ 14R# @+.". It is a basic rule that jurisdiction o er the subject matter is deter%i(ed by the allegations in the complaint. It i# deter%i(ed e:1l'#i4ely 3y t!e Co(#tit'tio( $(d t!e l$". It cannot be conferred by the oluntary act or agreement of the parties, or acquired through or wai ed, enlarged or diminished by their act or omission, nor conferred by the acquiescence of the court. Well to emphasi6e, it is neither for the court nor the parties to iolate or disregard the rule, this matter being legislati e in character &<o#e Me(do@$ 4. N$r1i#o Ger%i(o $(d Be(i)(o Ger%i(o9 G.R. No. ,A/A>A No4e%3er 229 2.,.". ....=. What is the doctrine of &ri%$ry ?'ri#di1tio(F %he doctrine of primary jurisdiction precludes the courts from resol ing a contro ersy o er which jurisdiction has initially been lodged with an administrati e body of special competence +I#l$(der# CARP5 G$r%er# Be(efi1i$rie# M'lti5&'r&o#e Coo&er$ti4e 4. L$&$(d$y A)ri1'lt'r$l De4elo&%e(t Cor&or$tio(9 G.R. No. ,/-==-9 M$y 79 2..A0. ....@. What is the doctrine of $d!ere(1e of ?'ri#di1tio(L %he doctrine enjoins adherence to judicial precedents. It requires courts in a country to follow the rule established in a decision of its 1upreme 4ourt. %hat decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. %he do1tri(e of stare decisis is based on the principle that once a question of law has been e5amined and decided, it should be deemed settled and closed to further argument. %he doctrine is grounded on the necessity for securing certainty and stability of judicial decisions. ?

%he doctrine though is not cast in stone for upon showing that circumstances attendant in a particular case o erride the great benefits deri ed by our judicial system from the doctrine of stare decisis, the 4ourt is justified in setting it aside +P!ili&&i(e G'$rdi$( Brot!er!ood I(1. 4. COMELEC G.R. No. ,-./2-9 A&ril 2-9 2.,.0 ....,. O3?e1tio(# to ?'ri#di1tio( o4er t!e #'3?e1t %$tter #s a rule, an o3?e1tio( o4er #'3?e1t5%$tter ?'ri#di1tio( may be raised at any time of the proceedings. %his is because jurisdiction cannot be wai ed by the parties or ested by the agreement of the parties. $urisdiction is ested by law, which pre ails at the time of the filing of the complaint. A( e:1e&tio( to t!i# r'le !$# 3ee( 1$r4ed 3y ?'ri#&r'de(1e . In the seminal case of Tijam v. Sibonghanoy, the 4ourt ruled that the e:i#te(1e of l$1!e# will &re4e(t a party from raising the courtDs lac7 of jurisdiction. 8aches is defined as the 2failure or neglect, for an unreasonable and une5plained length of time, to do that which, by e5ercising due diligence, could or should ha e been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting the presumption that the party entitled to assert it either has abandoned or declined to assert it. &Delfin 8amsis et. #l . 9argarita 1emon Dong;(, A.R. >o. /,+B. <ct. .B, .B/B". ....?. Effe1t of e#to&&el o( o3?e1tio(# to ?'ri#di1tio(

In People v. Casiano, the 4ourt e5plained!

The operation of the principle of estoppel on the question of jurisdiction seemingly depends upon whether the lower court actually had jurisdiction or not. If it !$d no ?'ri#di1tio(9 3't t!e 1$#e "$# tried $(d de1ided '&o( t!e t!eory t!$t it had ?'ri#di1tio(9 t!e &$rtie# $re (ot 3$rred9 o( $&&e$l9 fro% $##$ili() #'1! ?'ri#di1tio(9 for t!e #$%e %'#t e:i#t as a matter of law, $(d may not be conferred by consent of the parties or by estoppel * &= 4.$.1., ?@/;?@+". Kowe er, if the lower court had ?'ri#di1tio(, and the case was heard and decided '&o( $ )i4e( t!eory, such, for instance, as t!$t t!e 1o'rt !$d no ?'ri#di1tio(, the party "!o i(d'1ed it to adopt such theory "ill (ot 3e &er%itted, on appeal, to $##'%e $( i(1o(#i#te(t &o#itio(Nthat the lower court had jurisdiction. Kere, the principle of estoppel applies. %he rule that jurisdiction is conferred by law, and does not depend upon the will of the parties, has no bearing thereon. %hus, 4orpus $uris 1ecundum says! -

2Where accused has secured a decision that the indictment is oid, or has been granted an instruction based on its defecti e character directing the jury to acquit, he is estopped, when subsequently indicted, to assert that the former indictment was alid. In such case, there may be a ne prosecution hether the indictment in the !ormer prosecution as good or bad. 1imilarly, here, a!ter the jury as impaneled and s orn, the court on accused"s motion quashed the in!ormation on the erroneous assumption that the court had no jurisdiction# accused cannot success!ully plead !ormer jeopardy to ne in!ormation. $ $ $ &.. 4.$.1., sec. .=., pp. +??;+?-; italics ours." Where accused procured a prior con iction to be set aside on the ground that the court was ithout jurisdiction, he is estopped subsequently to assert, in support of a defense of pre ious jeopardy, that such court had jurisdiction. &.. 4.$.1. p. +,?." ..+. O4er t!e i##'e# $urisdiction o er the issues of the case! %his is determined and conferred by the pleadings filed in the case by the parties, or by their agreement in a pre;trial order or stipulation, or, at times by their implied consent as by the failure of a party object to e idence on an issue not co ered by the pleadings, as pro ided in 1ection =, Rule /B. ..0. <'ri#di1tio( o4er t!e re# +or t!e &ro&erty or t!i() "!i1! i# t!e #'3?e1t of t!e liti)$tio(0. %his is acquired by the actual or constructi e sei6ure by the court of the thing in question, thus placing it in custodia legis, as in attachment or garnishment; or by pro ision of law which recogni6es in the court the power to deal with the property or subject matter within its territorial jurisdiction, as in land registration proceedings or suits in ol ing ci il status or real property in the *hilippines of a non;resident defendant. ..=. <'ri#di1tio( of 1o'rt# ..=./. S'&re%e Co'rt : Ori)i($l and $&&ell$te, e:1l'#i4e and 1o(1'rre(t ..=././. (5ercise original jurisdiction o er cases affecting ambassadors, other public ministers and consults, and o er petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus; ..=./... Re iew, re ise, re erse, modify, or affirm on appeal or certiorari as the /B

law or the Rules of 4ourt may pro ide, final judgments and orders of lower courts in! a" #ll cases in which the constitutionality or alidity of any treaty, international or e5ecuti e agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question b" #ll cases in ol ing the legality of any ta5, impost, assessment, or toll, or any penalty imposed in relation thereto. c" #ll cases in which the jurisdiction of any lower court is in issue. d" #ll criminal cases in which the penalty imposed is reclusion perpetua or higher & or crimes committed on occasion thereof". e" #ll cases n which only an error or question of law is in ol ed. &Se1tio( /9 Art. ;III9 ,-=> Co(#tit'tio(0 Note#: ,. If a", b", and c" also in ol e questions of facts or mi5ed questions of fact and of law, t!e $))rie4ed &$rty #!$ll $&&e$l to t!e Co'rt of A&&e$l#E and its final judgment may be appealed to the 1upreme 4ourt &1ubparagraph 0, par. 0, %hird *ar. <f 1ection /, of $udiciary #ct; R.#. >o. =00" .. $udicial re iew does not mean judicial supremacy o er the two other Departments but the performance by the 4ourt of a duty specifically enjoined upon it by the 4onstitution as part of a system of chec7s and balances &Dabuet . Roche *harmaceuticals, Inc., /0- 14R# +?@, +-0 /-?,". ..=... Co'rt of A&&e$l# : <riginal and appellate, e5clusi e and concurrent ..=.../. <riginal jurisdiction &1ection - '* /.- the 4ourt of #ppeals shall e5ercise! $. Ori)i($l ?'ri#di1tio( to issue writs of mandamus, prohibition, certiorari, habeas corpus and quo warranto, and au5iliary writs or processes whether or not in aid of its appellate jurisdiction; &%his is concurrent with the 1upreme 4ourt and e5clusi e with the R%4, but concurrent with the R%4 as against 9unicipal %rial 4ourts". 3. E:1l'#i4e ori)i($l ?'ri#di1tio( o er actions for annulments of judgments of R%4. c. E:1l'#i4e appellate ?'ri#di1tio( o er all final judgments, decisions, resolutions, orders or awards of Regional %rial 4ourts and quasi; judicial agencies, instrumentalities, boards, or commissions, e5cept those falling within the appellate jurisdiction of the 1upreme 4ourt in accordance with the 4onstitution, the pro isions of this #ct, and of subpar. &/" of the third par. and subpar. &0" fourth par. of //

1ection /, of the $udiciary #ct of /-0?" ; 2%he 4ourt of #ppeals shall ha e the power to try cases and conduct hearings, recei e e idence and perform any and all acts necessary to resol e factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trial or further proceedings &1ection -, '* /.-". (5empt from 1ection -, '* /.- are decisions and interlocutory orders issued under the 8abor 4ode of the *hilippines and by the 4entral 'oard of #ssessment #ppeals. Rule 0+, Rules of 4ourt included the 4entral 'oard of #ssessment #ppeals. ..=.+. Co'rt of T$: A&&e$l# +CTA0 %hrough the enactment of Republic #ct >o. -.?., the jurisdiction of the 4%# has been e5panded to include not only ci il ta5 cases but also cases that are criminal in nature, as well as local ta5 cases, property ta5es and final collection of ta5es. *ursuant to the pro isions of Republic #ct //.= and other laws prior to R.#. -.?., the 4%# retains e5clusi e appellate jurisdiction to re iew by appeal the following! /. De1i#io(# of t!e Co%%i##io(er of I(ter($l Re4e('e in cases in ol ing disputed assessments, refunds of internal re enue ta5es, fees or other charges, penalties imposed in relation thereto, or other matters arising under the >ational Internal Re enue 4ode or other law or part of law administered by the 'IR; .. De1i#io(# of t!e Co%%i##io(er of C'#to%# in cases in ol ing liability for custom duties, fees or other money charges; sei6ure, detention or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the 4ustoms 8aw or other law or part of law administered by the 'ureau of 4ustoms &1ection =0, R.#. //.= &/-=0". +. In automatic re iew of cases where such decisions of the 4ommission of 4ustoms fa orable to the ta5payer is elected to the 1ecretary of )inance &1ection .+/=, %%4"; and 0. De1i#io(# of t!e Se1ret$ry of Tr$de $(d I(d'#try, in the case of non;agricultural product, commodity or article, or the 1ecretary of #griculture, in the case of agricultural product, commodity or article, in connection with the imposition of the #nti;Dumping Duty, 4ounter ailing and 1afeguard Duty &Republic #ct >os. ?,=/ and ?,=., &/---" 1ection +B/ &a" and &p", and Republic #ct ??BB". %he original appellate jurisdiction of the 4ourt of %a5 #ppeals was /.

e5panded under Republic #ct -.?. to include the following! /. 4riminal cases in ol ing iolations of the >ational Internal Re enue 4ode and the %ariff and 4ustoms 4ode; .. Decisions of the R%4 in local ta5 cases; +. Decisions of the 4entral 'oard of #ssessments #ppeals &4'##" in case in ol ing the assessment and ta5ation of real property; and 0. 4ollection of internal re enue ta5es and customs duties and the assessment of which ha e already become final. ..=.0. S$(di)$(3$y$( Rep. #ct >o. ,-,=, entitled 2#n #ct to 1trengthen the )unctional and 1tructural <rgani6ation of the 1andiganbayan, #mending for that *urpose *residential Decree >o. /@B@, too7 effect on 9ay /@, /--=. 1ection . thereof enumerates the cases falling within the original jurisdiction of the 1andiganbayan. 1ubsequently, Rep. #ct >o. ,-,= was amended by Rep. #ct >o. ?.0-, entitled 2#n #ct )urther Defining the $urisdiction of the 1andiganbayan, #mending for the *urpose *residential Decree >o. /@B@, as #mended, *ro iding )unds %herefor, and for <ther *urposes. %he amendatory law too7 effect on )ebruary .+, /--, and 1ection 0 thereof enumerates the cases now falling within the e5clusi e original jurisdiction of the 1andiganbayan. )or purposes of determining which of the two laws, Rep. #ct >o. ,-,= or Rep. #ct >o. ?.0-, applies in the present case, the rec7oning period is t!e ti%e of t!e 1o%%i##io( of t!e offe(#e. Ge(er$lly9 t!e ?'ri#di1tio( of $ 1o'rt to try $ 1ri%i($l 1$#e i# to 3e deter%i(ed 3y t!e l$" i( for1e $t t!e ti%e of t!e i(#tit'tio( of t!e $1tio(, not at the time of the commission of the crime. Kowe er, Rep. #ct >o. ,-,=, as well as Rep. #ct >o. ?.0-, 1o(#tit'te# $( e:1e&tio( t!ereto as it e5pressly states that to determine the jurisdiction of the 1andiganbayan in cases in ol ing iolations of Rep. #ct >o. +B/-, the rec7oning period is the time of the commission of the offense. %his is plain from the last clause of the opening sentence of paragraph &a" of these two pro isions which reads! 1ec. 0. $urisdiction. %he 1andiganbayan shall e5ercise Ee5clusi eF original jurisdiction in all cases in ol ing! a. Jiolations of Republic #ct >o. +B/-, as amended, otherwise 7nown as the #nti;Araft and 4orrupt *ractices #ct, Republic #ct >o. /+,-, and 4hapter II, 1ection ., %itle JII, 'oo7 II of the Re ised *enal 4ode, where one or more of the principal accused are officials occupying the following positions in the go ernment, whether in a permanent, acting or interim capacity, at the time of the commission of the offense! In this case, as gleaned from the Information filed in the 1andiganbayan, the crime charged was committed from the period of $anuary +, /--, up to #ugust -, /--,. %he applicable law, therefore, is Rep. #ct >o. ,-,=. 1ection . of Rep. #ct >o. ,-,= /+

e5panded the jurisdiction of the 1andiganbayan as defined in 1ection 0 of *.D. >o. /@B@, thus! 1ec. 0. $urisdiction. %he 1andiganbayan shall e5ercise original jurisdiction in all cases in ol ing! $. Jiolations of Republic #ct >o. +B/-, as amended, otherwise 7nown as the #nti;Araft and 4orrupt *ractices #ct, Republic #ct >o. /+,-, and 4hapter II, 1ection ., %itle JII of the Re ised *enal 4ode, where one or more of the principal accused are officials occupying the following positions in the go ernment, whether in a permanent, acting or interim capacity, at the time of the commission of the offense!

&/" <fficials of the e5ecuti e branch occupying the positions of regional director and higher, otherwise classified as grade ., and higher, of the 4ompensation and *osition 4lassification #ct of /-?- &Republic #ct >o. @,=?", specifically including! &a" *ro incial go ernors, ice;go ernors, members of the sangguniang panlalawigan, and pro incial treasurers, assessors, engineers, and other pro incial department heads; &b" 4ity mayors, ice;mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads; &c" <fficials of the diplomatic ser ice occupying the position of consul and higher; &d" *hilippine army and air force colonels, na al captains, and all officers of higher ran7; &e" *>* chief superintendent and *>* officers of higher ran7; &f" 4ity and pro incial prosecutors and their assistants, and officials and prosecutors in the <ffice of the <mbudsman and special prosecutor; &g" *residents, directors or trustees, or managers of go ernment;owned or controlled corporations, state uni ersities or educational institutions or foundations; &." 9embers of 4ongress and officials thereof classified as Arade 2.,* and up under the 4ompensation and *osition 4lassification #ct of /-?-; &+" 9embers of the judiciary without prejudice to the pro isions of the 4onstitution; &0" 4hairmen and members of 4onstitutional 4ommissions, without prejudice to the pro isions of the 4onstitution; and &=" #ll other national and local officials classified as Arade 2., and higher under the 4ompensation and *osition 4lassification #ct of /-?-.

/0

b. <ther offenses or felonies committed by the public officials and employees mentioned in subsection &a" of this section in relation to their office. c. 4i il and criminal cases filed pursuant to and in connection with (5ecuti e <rder >os. /, ., /0 and /0;#. In cases where none of the principal accused are occupying positions corresponding to salary grade 2., or higher, as prescribed in the said Republic #ct >o. @,=?, or *>* officers occupying the ran7 of superintendent or higher, or their equi alent, e5clusi e jurisdiction thereof shall be ested in the proper Regional %rial 4ourt, 9etropolitan %rial 4ourt, 9unicipal %rial 4ourt, and 9unicipal 4ircuit %rial 4ourt, as the case may be, pursuant to their respecti e jurisdiction as pro ided in 'atas *ambansa 'lg. /.-. # plain reading of the abo e pro ision shows that, for purposes of determining the go ernment officials that fall within the original jurisdiction of the 1andiganbayan in cases in ol ing iolations of Rep. #ct >o. +B/- and 4hapter II, 1ection ., %itle JII of the Re ised *enal 4ode, Rep. #ct >o. ,-,= has grouped them into fi e categories, to wit! &/" <fficials of the e5ecuti e branch occupying the positions of regional director and higher, otherwise classified as grade ., and higher. . . &." 9embers of 4ongress and officials thereof classified as Arade 2., and up under the 4ompensation and *osition 4lassification #ct of /-?-; &+" 9embers of the judiciary without prejudice to the pro isions of the 4onstitution; &0" 4hairmen and members of 4onstitutional 4ommissions, without prejudice to the pro isions of the 4onstitution; and &=" #ll other national and local officials classified as Arade 2., and higher under the 4ompensation and *osition 4lassification #ct of /-?-. With respect to the first category, i.e., officials of the e5ecuti e branch with 1A ., or higher, Rep. #ct >o. ,-,= further specifically included the following officials as falling within the original jurisdiction of the 1andiganbayan! &a" *ro incial go ernors, ice;go ernors, members of the sangguniang panlalawigan, and pro incial treasurers, assessors, engineers, and other pro incial department heads; &b" 4ity mayors, ice;mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads; &c" &d" <fficials of the diplomatic ser ice occupying the position of consul and higher; *hilippine army and air force colonels, na al captains, and all officers of /=

higher ran7; &e" *>* chief superintendent and *>* officers of higher ran7;

&f" 4ity and pro incial prosecutors and their assistants, and officials and prosecutors in the <ffice of the <mbudsman and special prosecutor; &g" *residents, directors or trustees, or managers of go ernment;owned or controlled corporations, state uni ersities or educational institutions or foundations. %he specific inclusion of the foregoing officials constitutes an e5ception to the general qualification relating to officials of the e5ecuti e branch as 2occupying the positions of regional director and higher, otherwise classified as grade ., and higher, of the 4ompensation and *osition 4lassification #ct of /-?-. In other words, iolation of Rep. #ct >o. +B/- committed by officials in the e5ecuti e branch with 1A ., or higher, and the officials specifically enumerated in &a" to &g" of 1ection 0 a. &/" of *.D. >o. /@B@, as amended by 1ection . of Rep. #ct >o. ,-,=, regardless of their salary grades, li7ewise fall within the original jurisdiction of the 1andiganbayan. 2Kad it been the intention of 4ongress to confine the original jurisdiction of the 1andiganbayan to iolations of Rep. #ct >o. +B/- only to officials in the e5ecuti e branch with 1A ., or higher, then it could just ha e ended paragraph &/" of 1ection 0 a. of *.D. >o. /@B@, as amended by 1ection . of Rep. #ct >o. ,-,=, "it! t!e &!r$#e offi1i$l# of t!e e:e1'ti4e 3r$(1! o11'&yi() t!e &o#itio(# of re)io($l dire1tor $(d !i)!er9 ot!er"i#e 1l$##ified $# )r$de 2> $(d !i)!er9 of t!e Co%&e(#$tio( $(d Po#itio( Cl$##ifi1$tio( A1t of ,-=-. <r the category in paragraph &=" of the same pro ision relating to 2all other national and local officials classified as Arade O.,D and up under the 4ompensation and 4lassification #ct of /-?- would ha e sufficed. Instead, under paragraph &/" of 1ection 0 a. of *.D. >o. /@B@, as amended by 1ection . of Rep. #ct >o. ,-,=, Co()re## i(1l'ded #&e1ifi1 offi1i$l#9 "it!o't $(y refere(1e $# to t!eir #$l$ry )r$de#. 4learly, therefore, 4ongress intended these officials, re)$rdle## of t!eir #$l$ry )r$de#, to be specifically included within the 1andiganbayanDs original jurisdiction, for had it been otherwise, then there would ha e been no need for such enumeration. It i# $:io%$ti1 i( le)$l !er%e(e'ti1# t!$t "ord# i( $ #t$t'te #!o'ld (ot 3e 1o(#tr'ed $# #'r&l'#$)e if $ re$#o($3le 1o(#tr'1tio( "!i1! "ill )i4e t!e% #o%e for1e $(d %e$(i() i# &o##i3le. +Ri1$rdo S. I(di() 4. Ho(. S$(di)$(3$y$( $(d t!e Peo&le of t!e P!ili&&i(e#9 G.R. No. ,B7.B-9 <'ly ,B9 2..B0. ..=.=. Re)io($l Tri$l Co'rt# %he Regional %rial 4ourt shall e5ercise e:1l'#i4e ori)i($l jurisdiction in ci il cases, as follows! &/" In all ci il actions in which the subject of the litigation is incapable of pecuniary estimation; &." In all ci il actions which in ol e the title to, or possession of real property,. or any interest therein, where the $##e##ed 4$l'e of t!e &ro&erty in ol ed e5ceeds %wenty %housand *esos &*h .B,BBB.BB" or, for ci il actions in /@

9etro 9anila, where such alue e5ceeds )ifty %housand *esos &*h =B,BBB.BB" e5cept actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction o er which is conferred upon 9etropolitan %rial 4ourts &9o%4", 9unicipal %rial 4ourts &9%4" and 9unicipal 4ircuit %rial 4ourts &94%4"; &+" In all actions in admiralty and maritime jurisdiction where the demand or claim e5ceeds *h .BB,BBB.BB, or in 9etro 9anila, where such demand or claim e5ceeds *h 0BB,BBB.BB"; &0" In all matters of probate, both testate and intestate, where the gross alue of the estate e5ceeds *h.BB,BBB.BB or, in probate matters in 9etro 9anila, where such gross alue e5ceeds *h 0BB,BBB.BB" &#mounts automatically e5panded per pro ision of R.#. ,@-/ fi e years after effecti ity rec7oned on #pril /=, /--0" &=" In all actions in ol ing the contract of marriage and marital relations; &@" In all cases not within the e5clusi e jurisdiction of any court, tribunal, person or body e5ercising judicial or quasi;judicial functions; &," In all ci il actions and special proceedings falling within the e5clusi e original jurisdiction of a $u enile and Domestic Relations 4ourts &)amily 4ourts R.#. ?+@-" and of the 4ourts of #grarian Relations as now pro ided in the law; and &?" In all other cases in which the demand, e5clusi e of interest, d$%$)e# of "!$te4er 8i(d 9 $ttor(eyH# fee#9 liti)$tio( e:&e(#e#9 $(d 1o#t or t!e 4$l'e of t!e &ro&erty i( 1o(tro4er#y e:1eed# P! ,..9...... or9 i( #'1! ot!er 1$#e# i( Metro M$(il$9 "!ere t!e de%$(d9 e:1l'#i4e of t!e $3o4e5 %e(tio(ed ite%# e:1eed# P! 2..9...... +Se1tio( ,-9 B.P. Bl). ,2-9 $# $%e(ded 3y Se1tio( ,9 R.A. >A-,0. Note#: Items = and , of the enumeration ha e been modified by Republic #ct ?+@-, #ct (stablishing )amily 4ourts Aranting %hem (5clusi e <riginal $urisdiction < er 4hild #nd )amily 4ases, #mending '* /.-. ..=.@. G$%ily Co'rt# %here shall be e#t$3li#!ed )amily 4ourt in e ery &ro4i(1e and 1ity in the country. In case where the city is the capital of the pro ince, the )amily 4ourt shall be established in the municipality which has t!e !i)!e#t &o&'l$tio( +Se1tio( 79 R.A. =7A-0. ..=.@./. <'ri#di1tio( of )amily 4ourts %he )amily 4ourts shall ha e e:1l'#i4e ori)i($l jurisdiction to !e$r and de1ide the following cases! /,

&/" 4riminal case where one or more of the accused is below eighteen &/?"years of age but not less than nine &-" years of age, or where one or more of the ictims is a minor $t t!e ti%e of t!e 1o%%i##io( of t!e offe(#e: *ro ided, %hat if the minor is found guilty, the court shall promulgate sentence and ascertain any ci il liability which the accused may ha e incurred. %he sentence, howe er, shall be suspended without need of application pursuant to *D @B+, otherwise 7nown as the 24hild and Pouth Welfare 4ode. &." *etitions for guardianship, custody of children, !$3e$# 1or&'# i( rel$tio( to t!e l$tter &guardianship, custody of children"E &+" *etitions for adoption of children and the re ocation thereof; &0" 4omplaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those li ing together under different status and agreements, and petitions for dissolution of conjugal partnership of gains; &=" #ction for support and ac7nowledgment; &@" 1ummary judicial proceedings brought under the pro isions of (5ecuti e <rder >o. .B-, otherwise 7nown as the )amily 4ode of the *hilippines. &," *etitions for declaration of status of children as abandoned, Dependent or neglected children, petitions for oluntary or in oluntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cogni6able under *D @B+ and other related laws; &?" *etitions for the constitution of the family home; &-" 4ases against minors cogni6able under the Dangerous Drugs #ct, as amended; &/B" Jiolations of Republic #ct >o. ,@/B otherwise 7nown as the 21pecial *rotection of 4hildren #gainst 4hild #buse, (5ploitation and Discrimination #ct, as amended by R.#. ,@=?; and &//" 4ases of domestic iolence against! &a" Women : which are acts of gender;based iolence that result, or li7ely to result, in physical, se5ual or psychological harm or suffering to women; and other /?

forms of physical abuse such as battering or threats and coercion which iolates a womanDs personhood, integrity and freedom of mo ement, and &b" 4hildren : which include the commission of all forms of abuse, neglect, cruelty, e5ploitation, iolence, and discrimination and all other conditions prejudicial to their de elopment If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question in ol ing any of the abo e matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court &1ection =" ..=.,. Metro&olit$( Tri$l Co'rt#IM'(i1i&$l Tri$l Co'rt# ..=.,./ $urisdiction of 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts and 9unicipal 4ircuit %rails 4ourts in 4i il 4ases ..=.,././. (5panded $urisdiction of both 9%4 &R.#. ,@-/" Gnder O1ection + of R.#. ,@-/, the term 29unicipal %rial 4ourts as used in these Rules shall include 9etropolitan %rial 4ourts &9%4", 9unicipal %rial 4ourts in cities &9%44" and 9unicipal 4ircuit %rial 4ourts &94%4". %hese 9%4s and 94% 4ourts &94%4<" shall e5ercise! &/" E:1l'#i4e ori)i($l ?'ri#di1tio( o er ci il actions and probate proceedings, testate and intestate, including the grant of pro isional remedies in proper cases, where the alue of the personal property, estate, or amount of the demand does not e5ceed *h .BB,BBB or in 9etro 9anila where such personal property, estate, or amount of the demand does not e5ceed *h 0BB,BBB.BB, e5clusi e of interest, damages, of whate er 7ind, attorneyDs fees, litigation e5penses, and costs, "!i1! %'#t 3e #&e1ifi1$lly $lle)ed: *ro ided that interest, damages of whate er 7ind, attorneyDs fees, litigation e5penses, and costs shall be included in the determination of filing fees! *ro ided, further, that where there are se eral claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the tot$lity of t!e 1l$i%# i( $ll t!e 1$'#e# of $1tio(, irrespecti e of whether the causes of action arose out of the same different transactions; &." E:1l'#i4e ori)i($l ?'ri#di1tio( o er cases of forcible entry and unlawful detainer; *ro ided, %hat when, in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resol ed without deciding the issue of /-

ownership, the issue of ownership shall be resol ed only to determine the issue of possession; and &+" E:1l'#i4e ori)i($l ?'ri#di1tio( in all ci il actions which in ol e title to, or possession of, real property, or any interest therein where the assessed alue of the property or interest therein does not e5ceed *h.B, BBB.BB or, in ci il actions in 9etro 9anila, where such assessed alue does not e5ceed *h=B,BBB.BB e5clusi e of interest, damages of whate er 7ind, attorneyDs fees, litigation e5penses and costs! *ro ided, %hat in cases of land not declared for ta5ation purposes, the alue of such property shall be determined by the assessed alue of the adjacent lots. &1ec. ++. '.*. /.- as amended by 1ection +, R.#. ,@-/". &a" Dele)$ted ?'ri#di1tio( 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts, and 9unicipal 4ircuit %rial 4ourts &94%4" %$y 3e $##i)(ed by the 1upreme 4ourt to hear and determine 4adastral or land registration cases co ering lots where there is no contro ersy or opposition, or contested lots where the alue of which does not e5ceed *h /BB,BBB.BB pesos, such alue to be ascertained by the affida it of the claimant or by agreement of the respecti e claimants if there are more than one, or from the corresponding ta5 declaration of the real property. %heir decisions in these cases shall be appealable in the same manner as decisions of the Regional %rial 4ourts &1ection +0, '* 'lg. /.- as amended by 1ec. 0, R.#. ,@-/" ..=.?. S!$riH$ Co'rt# 2%here are hereby created, as part of the judicial system, courts of limited jurisdiction, to be 7nown respecti ely as 1hariDa District 4ourts and 1hariDa 4ircuit 4ourts, which shall e5ercise powers and functions in accordance with this title. 1hariDa courts and the personnel thereof shall be subject to the administrati e super ision of the 1upreme 4ourts &#rt. /+,, *.D. /B?+". ..=.?./. S!$riH$ Di#tri1t Co'rt# $. Ori)i($l <'ri#di1tio( &/" %he 1hariDa District 4ourt shall ha e e:1l'#i4e ori)i($l ?'ri#di1tio( o er! &a" #ll cases in ol ing custody, guardianship, legitimacy, paternity, and filiation under this 4ode; &b" #ll cases in ol ing disposition, distribution and settlement of the estate of deceased 9uslims, probate of wills, issuances of letters of administration or appointment of administrators or e5ecutors .B

regardless of the nature or the aggregate alue of the property; &c" *etitions for the declaration of absence and death and for the cancellation or correction of entries in the 9uslim Registries mentioned in %itle JI of 'oo7 %wo of this 4ode. &d" #ll actions arising from customary contracts in which the parties are 9uslims, if they ha e not specified which law shall go ern their relations; and &e" #ll petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other au5iliary writs and processes in aid of its appellate jurisdiction. +20 Co(1'rre(tly "it! e:i#ti() 1i4il 1o'rt#, the 1hariQ District 4ourt shall ha e ori)i($l ?'ri#di1tio( o er! &a" *etitions by 9uslims for the constitution of family home, change of name and commitment of an insane person to an asylum; &b" #ll other personal and real actions not mentioned in paragraph / &d" wherein the parties in ol ed are 9uslims e5cept those for forcible entry and unlawful detainer, which shall fall under the e5clusi e original jurisdiction of the 9unicipal; 4ircuit 4ourts; and &c" #ll special ci il actions for interpleader or declaratory relief wherein the parties are 9uslims or the property in ol ed belongs e5clusi ely to 9uslims, *D. /B?+. &#rt /0+" 3. A&&ell$te <'ri#di1tio( &/" 1hariQ District 4ourts shall ha e appellate jurisdiction o er all cases tried in the 1hariDa 4ircuit 4ourts within their territorial jurisdiction. %he 1hariaD District 4ourt shall decide e ery case appealed to it on the basis of the e idence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit +Art. ,BB P.D. ,.=7" 1. Gi($lity of de1i#io(# %he decisions of the 1hariDa District 4ourts whether on appeal from the 1hariDa 4ircuit 4ourt or not shall be final. >othing herein contained shall affect the original and appellate jurisdiction of the 1upreme 4ourt as pro ided in the 4onstitution &Art. ,B/ P.D. ,.=70 ..=.?... $urisdiction of S!$riH$ Cir1'it Co'rt %he 1hariDa 4ircuit 4ourts shall ha e e:1l'#i4e ori)i($l jurisdiction o er: ./

&/" #ll cases in ol ing offenses defined and punished under this 4ode. &a" #ll ci il actions and proceedings between parties who are 9uslims ha e been married in accordance with #rticle /+ in ol ing disputes relating to! a" b" c" d" e" f" 9arriage; Di orce recogni6ed under this 4ode; 'etrothal or breach of contract to marry; 4ustomary dowry &mahr"; Disposition and distribution of property upon di orce; 9aintenance and support, and consolatory gifts &mut%a&; g" Restitution of marital rights. &+" #ll cases in ol ing disputes relati e to communal properties &Arti1le ,//9 PD ,.=7" O4er #%$ll 1l$i%# 1(4%I<> /. %itle.N%his Rule shall be 7nown as 2%he Rule of *rocedure for 1mall 4laims 4ases. 1(4. .. 1cope.N%his Rule shall go ern the procedure in actions before the 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts in 4ities, 9unicipal %rial 4ourts and 9unicipal 4ircuit %rial 4ourts for payment of money where the alue of claims does not e5ceed <ne Kundred %housand *esos &*/BB,BBB.BB" e5clusi e of interest and costs. 1(4.0. #pplicability.N%he 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts in 4ities, 9unicipal %rial 4ourts, and 9unicipal 4ircuit %rial 4ourts shall apply this Rule in all actions which are! &a" purely ci il in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and &b" the ci il aspect of criminal actions, either filed before the institution of the criminal action, or reser ed upon the filing of the criminal action in court, pursuant to Rule /// of the Re ised Rules of 4riminal *rocedure. %hese claims or demands may be! &a" )or money owed under any of the following!

..

/. 4ontract of 8ease; .. 4ontract of 8oan; +. 4ontract of 1er ices; 0. 4ontract of 1ale; or =. 4ontract of 9ortgage; &b" )or damages arising from any of the following! /. )ault or negligence; .. Huasi;contract; or +. 4ontract; &c" %he enforcement of a barangay amicable settlement or an arbitration award in ol ing a money claim co ered by this Rule pursuant to 1ec. 0/, of Republic #ct ,/@B, otherwise 7nown as the 8ocal Ao ernment 4ode of /--/. 1(4.=. 4ommencement of 1mall 4laims #ction.N# small claims action is commenced by filing with the court an accomplished and erified 1tatement of 4laim &)orm /;144" in duplicate, accompanied by a 4ertification of >on;forum 1hopping &)orm /;#, 144", and two &." duly certified photocopies of the actionable documentRs subject of the claim, as well as the affida its of witnesses and other e idence to support the claim. >o e idence shall be allowed during the hearing which was not attached to or submitted together with the 4laim, unless good cause is shown for the admission of additional e idence. >o formal pleading, other than the 1tatement of 4laim described in this Rule, is necessary to initiate a small claims action. 1(4.@. $oinder of 4laims.N*laintiff may join in a single statement of claim one or more separate small claims against a defendant pro ided that the total amount claimed, e5clusi e of interest and costs, does not e5ceed */BB,BBB.BB 1(4.//. Response. N %he defendant shall file with the court and ser e on the plaintiff a duly accomplished and erified Response within a non;e5tendible period of ten &/B" days from receipt of summons. %he Response shall be accompanied by certified photocopies of documents, as well as affida its of witnesses and other e idence in support thereof. >o e idence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional e idence. %he grounds for the dismissal of the claim, under Rule /@ of the Rules of 4ourt, should be pleaded. 1(4./.. (ffect of )ailure to )ile Response. N 1hould the .+

defendant fail to file his Response within the required period, and li7ewise fail to appear at the date set for hearing, the court shall render judgment on the same day, as may be warranted by the facts. 1hould the defendant fail to file his Response within the required period but appears at the date set for hearing, the court shall ascertain what defense he has to offer and proceed to hear, mediate or adjudicate the case on the same day as if a Response has been filed. 1(4. /0. *rohibited *leadings and 9otions. N %he following pleadings, motions, or petitions shall not be allowed in the cases co ered by this Rule! &a" 9otion to dismiss the complaint; &b" 9otion for a bill of particulars; &c" 9otion for new trial, or for reconsideration of a judgment, or for reopening of trial; &d" *etition for relief from judgment; &e" 9otion for e5tension of time to file pleadings, affida its, or any other paper; &f" 9emoranda; &g" *etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; &h" 9otion to declare the defendant in default; &i" Dilatory motions for postponement; &j" Reply; &7" %hird;party complaints; and &l" Inter entions. 1(4./,. #ppearance of #ttorneys >ot #llowed.N>o attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant. 1(4..+. Decision.N#fter the hearing, the court shall render its decision on the same day, based on the facts established by the e idence &)orm /+;144". %he decision shall immediately be entered by the 4ler7 of 4ourt in the court doc7et for ci il cases and a copy thereof forthwith ser ed on the parties. %he decision shall be final and unappealable. .., Tot$lity r'le 1ection ++ &/" of '.*. 'lg. /.-E-F states, among others, that 2where there are se eral claims or causes of action between the same or different parties, embodied in the same complaint, t!e $%o'(t of t!e de%$(d #!$ll 3e t!e tot$lity of t!e 1l$i%# i( $ll t!e 1$'#e# of $1tio(, irrespective of whether the causes of action arose out of the same or different transactions. +. Ci4il Pro1ed're .0

+././. Me$(i() of ordi($ry 1i4il $1tio( # ci il action is one by which a party sues another for the enforcement or protection of a right, or the pre ention or redress of a wrong. &1ection + par. ., Rule /, Rules of 4ourt". +./.. Me$(i() of #&e1i$l 1i4il $1tio(# &proceedings" #re remedies to establish a status, a right, or a particular fact, and not to e ery other remedy. T!e#e re%edie# $re: certiorari, prohibition, mandamus, quo warranto, eminent domain, foreclosure of mortgage, partition, forcible entry and detainer, and contempt. +./.+. Me$(i() of 1ri%i($l $1tio(# # criminal action is one by which the 1tate prosecutes a person for an act or omission punishable by law. +./.0. Ci4il $1tio(# 4er#'# #&e1i$l &ro1eedi()# #n action is a for%$l de%$(d of oneDs right in a court of justice in the manner prescribed by the court or by the law. Remedies are sought according to established rules. 1pecial proceeding is $&&lied for i( order to establish the status or right of a party, or a particular fact. Gnless the statute so pro ides, in special proceedings no formal pleadings are required. *recisely, the remedy is granted upon an application or motion. +./.= Per#o($l $1tio(# $(d re$l $1tio(# # &er#o($l $1tio( is one founded on pri ity of contract or the reco ery of personal property, for the enforcement of some contract or for the reco ery of damages for breach of contract, or for the reco ery of damages for the commission of an injury to the person or property & S'lt$( <erry Y$!y$ <erry*M. To%$"i# 4. Ho(. R$#$d G. B$li(di()9 A%($ A. P'%3$y$9 <$lil$! A. M$()o%&i$9 G.R. No. ,=2B7B M$r1! /9 2.,.0 Re$l $1tio( is one that is founded on pri ity of real estate and see7s to reco er a specific real property or its possession or an interest therein. %hus, an action by the lessee of a riceland against the buyer to reco er possession of real property for purposes of enabling him to gather his crops is a real action. +./.@. Lo1$l $(d tr$(#itory $1tio(# 8ocal action is one founded on pri ity of estate only and there is .=

no pri ity of contract. %his action must be brought in a particular place. %ransitory action is founded on pri ity of contract between the parties. *recisely, this action must be brought in the place where the party resides. 7.,.>. A1tio(# i( &er#o($%9 i( re%9 $(d D'$#i i( rem 'ccion in personam : the object of the suit is to establish a claim against some particular person, with judgment which generally, in theory, binds his body, or to bar some indi idual claim or objection, so that only certain persons are entitled to be heard in defense. &A.R. >o. /=?0B,. $anuary /,, .BB=, )I8<9(># D<9#A#1, petitioner, s. JIJI#> 8#P>< $(>1(>, respondent". 'ccion in rem : the object is to bar indefinitely all who might be minded to ma7e an objection of any sort against the right sought to be established, and if any one in the world has a right to be heard on the strength of alleging facts, which if true, show an inconsistent interest, the proceedings is (n )em &>9 R<%K14KI8D M 1<>1 &#G1%R#8I#" 8I9I%(D, 8(*#>%< 4<>1<8ID#%(D 9I>I>A 4<9*#>P, A.R. >o. /,=,- >o ember .?, .B//". 'ccion quasi in rem * the proceedings which are not strictly and purely in rem but are brought against a defendant personally although the real object is to deal with a particular property or subject it to the discharge of claim asserted therein. $urisdiction o er the person of the defendant is not necessary & *KI8;JI88( D(J(8<*9(>% #>D K<G1I>A 4<R*<R#%I<>, *etitioner, .9#SI9< '<>I)#4I<, 4()(RI>< R. '<>I)#4I<, #*<8<>I< '. %#>, %(R(1I%# 1. D<R<>I#, 4KRI1%I># A<4< #>D #R1(>I< 4. '<>I)#4I<, in their capacity as the sur i ing heirs of the late (8(G%(RI# RIJ(R# JD#. D( '<>I)#4I<, Respondents. A.R. >o. /@,+-/, $une ?, .B//" +./.- I(de&e(de(t Ci4il A1tio(# Independent ci il actions refer to ci il actions 3$#ed o( 1ert$i( 1ri%i($l offe(#e#, such as! a" interferences by public officers or employees or by pri ate indi idual with ci il rights or liberties & iolation of the bill of rights" b" defamation; c" fraud; d" physical injuries; or e" refusal or neglect of a city or municipal police officer to render .@

aid or protection in case of danger to life or property #ccording to the >ew 4i il 4ode, #'1! 1i4il $1tio( #!$ll &ro1eed i(de&e(de(tly of t!e 1ri%i($l &ro#e1'tio(9 and shall reD'ire o(ly $ &re&o(der$(1e of e4ide(1e. In sum, there are e:1e&tio(# &ro4ided 3y t!e Ci4il Code to the rule that once the criminal action has been commenced, the civil action !or damages arising !rom the o!!ense charged shall be suspended until the fi($l ter%i($tio( of t!e 1ri%i($l $1tio(9 to wit! /" Where the ci il action is based on an obligation not arising from act or omission of the ci il action is culpa contractual, culpa aquiliana &#rt. +/ ./,,, >44"; ." Where the law grants to the injured party the right to institute a ci il action which is entirely separate and independent from the criminal action, such as when the action is based on a" interferences by public officers or employees or by pri ate indi iduals with ci il right and liberties; b" defamation; c" fraud; d" physical injuries or; e" refusal or neglect of a city or municipal police officer to render aid or protection in case of danger to life or property &#rts. +., ++, +0, >44" +" Where the question to be resol ed in the ci il action is prejudicial to the criminal action &#rt. +@" +... C$'#e of $1tio( +.../ 9eaning of cause action # cause of action is the $1t or o%i##io( by which a party iolates a right of another &1ection ., Rule ., Rules of 4ourt". It is the delict or wrong by which t!e ri)!t of t!e &l$i(tiff i# 4iol$ted 3y t!e defe(d$(t. %he question as to whether a plaintiff has a cause of action is determined by the $4er%e(t# i( t!e &le$di()# pertaining to the acts of the defendant but whether such acts gi e him a right of action is deter%i(ed 3y #'3#t$(ti4e l$" &Inson . 4ourt of #ppeals, AR. >o. /B@0+@, December ?, /--0, =, 14#D +,=, .+- 14R# =?". +..... Right of action ersus cause of action Ri)!t of $1tio( /. It is a remedial right. ., C$'#e of $1tio( /. # formal statement of

operati e facts that gi e rise to such remedial right .. # matter of right that depends on substanti e law. +. Right of action springs from the cause of action, but does not accrue until all the facts which constitute the cause of action ha e occurred. .. 9atter of statement and is go erned by the law of procedure. +. When there is an in asion of primary rights, then and only then does the adjecti e or remedial law become operati e.

+...+. G$il're to #t$te $ 1$'#e of $1tio( #s defined in 1ection ., Rule . of the Rules of 4ourt, a cause of action is the act or omission by which a party iolates the right of another. In relation to a complaint, it is a formal statement of the operati e facts that gi e rise to a remedial right. %he question of whether the complaint states a cause of action is determined by its a erments regarding the acts committed by the defendant. %hus, it must contain a concise statement of the ultimate or essential facts constituting the plaintiffCs cause of action. #s such, the f$il're to %$8e $ #'ffi1ie(t $lle)$tio( of $ 1$'#e of $1tio( i( t!e 1o%&l$i(t "$rr$(t# it# di#%i##$l. Its essential elements are as follows! /. # right in fa or of the plaintiff by whate er means and under whate er law it arises or is created; .. #n obligation on the part of the named defendant to respect or not to iolate such right; and +. #ct or omission on the part of such defendant in iolation of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for reco ery of damages or other appropriate relief. <f the three, the most important is the last element since it i# o(ly '&o( t!e o11'rre(1e of t!e l$#t ele%e(t t!$t $ 1$'#e of $1tio( $ri#e#9 gi ing the plaintiff the right to maintain an action in court for reco ery of damages or other appropriate relief. In determining whether an initiatory pleading states a cause of action, 2 t!e te#t i# $# follo"#: $d%itti() t!e tr't! of t!e f$1t# $lle)ed9 1$( t!e 1o'rt re(der $ 4$lid ?'d)%e(t i( $11ord$(1e "it! t!e &r$yerF* %o be ta7en into account are only the material allegations in the complaint; e5traneous facts and circumstances or other matters aliunde are not considered. %he court may howe er consider, in addition to the complaint, the appended anne5es or documents, other pleadings of the plaintiff, or admissions in the records. .?

When a defendant see7s the dismissal of the complaint through a motion to dismiss, the sufficiency of the motion should be tested on t!e #tre()t! of t!e $lle)$tio(# of f$1t# 1o(t$i(ed i( t!e 1o%&l$i(t $(d o( (o ot!er 3$#i#. %he issue of whether or not the complaint failed to state a cause of action, warranting its dismissal, must be passed upon on the basis of the allegations stated therein assuming them to be true and the court cannot inquire into the truth of the allegations and declare them to be false; otherwise, it would be a procedural error and a denial of due process to the plaintiff %his 4ourt finds that petitioners raised the threshold question of whether the complaint sufficiently alleges a cause of action. Kence, the trial court should ha e granted petitionersD motion for a preliminary hearing on the affirmati e defenses raised in the answer based on failure to state a cause of action. %his procedure is designed to pre ent a tedious, if not traumatic, trial in case the complaint falls short of sufficiently alleging a cause of action &Gir#t B$r(1or&. I(1. 4 C$lle?o 9 Sr. $(d Ho(or$3le Co'rt of A&&e$l# $(d <$(e T!o%$# Li)!t(er9 G.R. No. ,/,,729 <'(e 229 2..A0 +...0. Te#t of #'ffi1ie(1y of $ 1$'#e of $1tio( %he essential elements of a cause of action are as follows! /" # right in fa or of the plaintiff by whate er means and under whate er law it arises or is created; ." #n obligation on the part of the defendant not to iolate such right; and, +" #n act or omission on the part of the defendant in iolation of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for reco ery of damages or other relief. It is, thus, only upon the occurrence of the last element that a cause of action arises, gi ing the plaintiff a right to file an action in court for reco ery of damages or other relief. T!e te#t of #'ffi1ie(1y of f$1t# $lle)ed i( t!e 1o%&l$i(t $# 1o(#tit'ti() $ 1$'#e of $1tio( i# "!et!er or (ot $d%itti() t!e f$1t# $lle)ed9 t!e 1o'rt 1o'ld re(der $ 4$lid 4erdi1t i( $11ord$(1e "it! t!e &r$yer of t!e 1o%&l$i(t. %hat in determining sufficiency of cause of action, the court ta7es into account only the %$teri$l $lle)$tio(# of t!e 1o%&l$i(t $(d (o ot!er9 i# (ot $ !$rd $(d f$#t r'le. In some cases, the court considers the documents $tt$1!ed to t!e 1o%&l$i(t to truly determine sufficiency of cause of action &Glo'r D$(iel9 I(1. C P!ili&&i(e#9 Petitio(er9 4. E.B. ;ill$ro#$ J P$rt(er# Co. LTD9 G.R. No. ,/-AB=9 <'ly 2>9 2..>0

.-

+...= S&litti() $ #i()le 1$'#e of $1tio( $(d it# effe1t# If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is a ailable as a ground for the dismissal of the others &1ection 0, Rule . R4". +...=./. %he rule against splitting a single cause of action applies not only to complaints but also to counterclaims and cross;claims. %his may be set up either by motion to dismiss or by affirmati e defense on the ground of pendency of another action between the same parties for the same cause or bar by prior judgment &)eria". +...=... W!$t i# &ro!i3ited 3y t!i# r'leF # single right iolated might gi e rise to more than one relief. %he filing of separate complaints for those se eral reliefs constitutes splitting cause of action. +...=.+. 1ection 0. 1plitting a single cause of action; effect of. N If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is a ailable as a ground for the dismissal of the others. %he petitioners were not at liberty to split their demand to enforce or rescind the deed of sale with assumption of mortgage and to prosecute piecemeal or present only a portion of the grounds upon which a special relief was sought under the deed of sale with assumption of mortgage, and then to lea e the rest to be presented in another suit; otherwise, there would be no end to litigation. %heir splitting iolated the policy against multiplicity of suits, whose primary objecti e was to a oid unduly burdening the doc7ets of the courts. %heir contra ention of the policy merited the dismissal of 4i il 4ase >o. /..=/ on the ground of bar by res judicata & CATALINA B. CHU9
THEANLYN B. CHU9THEAN CHING LEE B. CHU9 THEAN LEEWN B. CHU9 $(d MARTIN LAWRENCE B. CHU9Petitio(er#5 4er#'# N. CUNANAN9 BENELDA ESTATE DE;ELOPMENT CORPORATION9 $(d SPOUSES AMADO E. CARLOS $(d GLORIA A. CARLOS9

Re#&o(de(t# G.R. No. ,/A,=/ Se&te%3er ,29 2.,,0 +...@. <oi(der $(d %i#5?oi(der of $1tio( # party may in one pleading assert, in the alternati e or otherwise, as many causes of action as he may ha e against an opposing party, subject to the following conditions! +$0 %he party joining the causes of action #!$ll 1o%&ly "it! t!e r'le# o( ?oi(der of &$rtie#"E Note: 1ection @, Rule + on permissi e joinder of parties, has authori6ed all persons, either as plaintiffs or defendants o( $(y D'e#tio( of l$" or f$1t 1o%%o( to t!e% arising in the action to be joined as parties with e5hortation for the court to ma7e such orders as may be just to pre ent both plaintiff and +B

defendant from being e%3$rr$##ed or to &'t e:&e(#e in connection with proceedings in which they ha e no interest. (5ample! %wenty &.B" school teachers were permitted to bring a joint complaint against the school owner to collect three &+" months salary each. Kenceforth, the amount of the claim determining jurisdiction of the court is the aggregate total of the claim joined inasmuch as they are demands of money as pro ided in the last par. of Rule ., 1ection =" +30 %he joinder shall not include #&e1i$l 1i4il $1tio(# or $1tio(# )o4er(ed 3y #&e1i$l r'le#; Note#: ,0 S&e1i$l 1i4il $1tio(# for forcible entry or unlawful detainer cannot be joined with $( ordi($ry $1tio( for collection of sum of money. 20 4ases go erned by the R'le# o( S'%%$ry Pro1ed're cannot be joined with cases go erned by the re)'l$r r'le# of &ro1ed're !e(1eE there can be no joinder of action for ejectment with that of reco ery of ownership because the former is summary in nature while the latter requires full blown trial on the merits. K Where the causes of action are between the same parties but pertain to different enues or jurisdictions, the joinder may be allowed in the R%4 pro ided one of the causes of action falls within the jurisdiction of said court and the enue lies therein; and +d0 Where the claims in all the causes of action are principally for reco ery of money, the aggregate amount claimed shall be the test of jurisdiction +Se1tio( /9 R'le 29 C$'#e# of A1tio(" +.+. P$rtie# to 1i4il $1tio(# +.+./. Real parties in interest; indispensable parties; representati es as parties; necessary parties; indigent parties; alternati e defendants +.+././ W!o %$y 3e &$rtie# to 1i4il $1tio(#F 2<nly ($t'r$l or ?'ridi1$l persons or entities $'t!ori@ed 3y l$" may be parties in a ci il action. %he term 2plaintiff may refer to the claiming party, the counter;claimant, the cross;claimant, or the third &fourth, etc." :party plaintiff. %he term 2defendant may refer to the original defending party, the defendant in a counterclaim, the cross;defendant, or the third &fourth, etc."; party defendant &1ection /, Rule +". +.+./... Re$l &$rtie# i( i(tere#t 2# real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the a ails of the suit. Gnless otherwise authori6ed by law or these Rules, e ery action may be prosecuted or defended in the name of the real party in interest &1ection ., +/

Rule +" +.+./.+. I(di#&e(#$3le &$rtie# #re those "!o#e i(tere#t# "ill 3e $ffe1ted by the courtDs action in the litigation, and "it!o't "!o% (o fi($l deter%i($tio( of t!e 1$#e 1$( 3e !$d. %he partyDs interest in the subject matter of the suit and in the relief sought are so ine5tricably intertwined with the other partiesD that his legal presence as a party to the proceeding is an absolute necessity. In his absence, there cannot be a resolution of the dispute of the parties before the court which is effecti e, complete, or equitable &Ar1elo($ 4. CA9 G.R. No. ,.2-..9 O1t. 29 ,-->9 2=. SCRA 2.0. +.+./.0. Re&re#e(t$ti4e# $# &$rtie# 2Where the action is allowed to be &ro#e1'ted or defe(ded by representati e or someone $1ti() i( $ fid'1i$ry 1$&$1ity9 the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest. # representati e may be a trustee of an e5press trust, a guardian, an e5ecutor or administrator, or a party authori6ed by law or these Rules. #n agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued "it!o't joining the principal e:1e&t "!e( t!e 1o(tr$1t i(4ol4e# t!i()# 3elo()i() to t!e &ri(1i&$l* &1ection +, Rule +" #rt. /??+ of >44 pro ides! 2If an agent acts in his own name, t!e &ri(1i&$l has (o ri)!t of $1tio( $)$i(#t t!e &er#o(# with whom the agent has contracted; (eit!er !$4e #'1! &er#o(# $)$i(#t t!e &ri(1i&$l.. 2In such case, the agent is the one directly bound in fa or of the persons with whom he has contracted, as if the transaction were his own, e:1e&t "!e( t!e 1o(tr$1t i(4ol4e# t!i()# 3elo()i() to t!e &ri(1i&$l.* +.+./.=. Ne1e##$ry &$rtie# 2# necessary party is one who is not indispensable but who o')!t to 3e ?oi(ed as a party if 1o%&lete relief i# to 3e $11orded $# to t!o#e $lre$dy &$rtie#9 or for a 1o%&lete deter%i($tio( or settlement of the claim subject of the action &1ection ?, Rule +". +.+./.@. I(di)e(t &$rtie# 2# party may be authori6ed to litigate his action, claim or defense as an indigent if the court, upon e5 parte application and hearing, is satisfied that the party is one who !$# (o %o(ey or &ro&erty sufficient and a ailable for food, shelter and basic necessities for himself and his family &1ection ./, Rule +". +.+./.@ a" 2*auper;litigants e5empt from payment of legal fees. : *auper; litigants! /" whose gross income and that of their immediate family do not +.

e5ceed *h 0,BBB.BB a month if residing in 9etro 9anila, and *h +,BBB.BB a month if residing outside 9etro 9anila; ." who do not own real property with an assessed alue of more than *h =B,BBB.BB" shall be e5empt from the payment of legal fees. 2%he legal fees shall be a lien of any judgment rendered in the case fa orably to the pauper;litigant, unless the court otherwise pro ides. +.+./.,. Alter($ti4e defe(d$(t# 2Where the plaintiff is uncertain against who of se eral persons he is entitled to relief, he may join any or all of them as defendants in the alternati e, although a right to relief against one may be inconsistent with a right of relief against the other &1ection /+, Rule" +.+... 4ompulsory and permissi e joinder of parties +.+.../. Co%&'l#ory ?oi(der of i(di#&e(#$3le &$rtie# 2*arties in interest without whom no final determination can be had of an action shall be joined as plaintiffs or defendants &1ection ,, Rule +". +.+..... Per%i##i4e ?oi(der of &$rtie# #ll persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to e5ist, whether jointly, se erally, or in the alternati e may, e5cept as otherwise pro ided in these Rules, joint as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may ma7e such orders as may be just to pre ent any plaintiff or defendant from being embarrassed or put to e5pense in connection with any proceedings in which he may ha e no interest &1ection @, Rule +". +.+.+. Mi#?oi(der $(d (o(5?oi(der of &$rtie# Neit!er misjoinder nor non;joinder of parties i# $ )ro'(d for di#%i##$l of $( $1tio(. *arties may be dro&&ed or $dded by order of t!e 1o'rt on motion of any party or on its own initiati e $t $(y #t$)e of t!e $1tio( and on such terms as are just. #ny claim against a misjoined party may be se ered and proceeded with separately &1ection //, Rule +". +.+.0. Cl$## #'it 2When the subject matter of the contro ersy is one of 1o%%o( or )e(er$l i(tere#t to many persons #o ('%ero'# that it is impracticable to join all as parties, $ ('%3er of t!e% which the court finds to be #'ffi1ie(tly ('%ero'# $(d re&re#e(t$ti4e as to f'lly &rote1t t!e i(tere#t# of $ll concerned may #'e or defe(d for the benefit of all &1ection /., Rule +".

++

+.+.=. S'it# $)$i(#t e(titie# "it!o't ?'ridi1$l &er#o($lity 2When two or more persons not organi6ed as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly 7nown. OI( t!e $(#"er of #'1! defe(d$(t9 t!e ($%e# $(d $ddre##e# of t!e &er#o(# 1o%&o#i() #$id e(tity %'#t $ll 3e re4e$led &1ection /=, Rule +". +.+.@. Effe1t of de$t! of &$rty liti)$(t 2Whene er a party to a pending action dies, and t!e 1l$i% i# (ot t!ere3y e:ti()'i#!ed9 it shall be the d'ty of !i# 1o'(#el to i(for% t!e 1o'rt within t!irty +7.0 d$y# after his death of the fact thereof, and to gi e the name and address of his legal representati es. G$il're of 1o'(#el to comply with this duty shall be $ )ro'(d for di#1i&li($ry $1tio(. 2%he heirs of the deceased %$y 3e $llo"ed to 3e #'3#tit'ted for t!e de1e$#ed9 without requiring the appointment of an e5ecutor or administrator and the court may appoint )'$rdi$( $d lite% for t!e %i(or !eir#. 2%he court shall forthwith order said legal representati e or representati es to appear and be substituted within a period of thirty &+" days from notice. 2If no legal representati e is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period, the court %$y order t!e o&&o#i() &$rty9 "it!i( $ #&e1ified ti%e9 to &ro1're t!e $&&oi(t%e(t of $( e:e1'tor or $d%i(i#tr$tor for t!e e#t$te of t!e de1e$#ed $(d t!e l$tter #!$ll i%%edi$tely $&&e$r for $(d o( 3e!$lf of t!e de1e$#ed. %he court charges in procuring such appointment, if defrayed by the opposing party, may be reco ered as costs &1ection /@, Rule +". +.0 ;e('e Jenue is the place where an action must be instituted and tried. It has nothing to do with jurisdiction, e5cept in criminal actions where enue is jurisdictional &U(i%$#ter# Co()lo%er$te#9 I(1. 4. Co'rt of A&&e$l#9 G.R. ,,-A/>9 Ge3r'$ry >9 ,-->9 2A> SCRA >/-0. +.0./. ;e('e 4er#'# ?'ri#di1tio( Jenue of an action as fi5ed by statute %$y 3e 1!$()ed 3y t!e 1o(#e(t of t!e &$rtie#9 and an o3?e1tio( o( i%&ro&er 4e('e %$y 3e "$i4ed by the failure of the defendant to raise it at the proper time. In such an e ent9 t!e 1o'rt %$y #till re(der $ 4$lid ?'d)%e(t. Jenue is procedural, not jurisdictional and hence may be wai ed. It is mean to &ro4ide 1o(4e(ie(1e to the parties, rather than restrict their access to the courts as it related to the place of trial.

+0

$urisdiction o er the subject matter or natural of an action is conferred by law. It may not be conferred by consent or wai er upon a court which otherwise would ha e no jurisdiction o er the subject matter of an action &R'dolf Liet@ Holdi()# 4. Re)i#try of Deed# of P$r$($D'e City ,772B.9 G.R. No. ,772B.. No4e%3er ,/9 2...0. 2%hus unless and '(til t!e defe(d$(t o3?e1t# to t!e 4e('e i( $ %otio( to di#%i##9 the enue cannot be truly said to ha e been improperly laid, as for all practical intents and purposes, the enue, though technically wrong, may be acceptable to the parties for whose con enience the rules on enue had been de ised. T!e tri$l 1o'rt 1$((ot &re5e%&t t!e defe(d$(tH# &rero)$ti4e to o3?e1t to the improper laying of enue by motu proprio dismissing the case +D$1oy1oy 4#. IAC9 ,-/ SCRA AB,0. +.0.... ;e('e of re$l $1tio(# 2#ctions $ffe1ti() title to or &o##e##io( of re$l &ro&erty, or i(tere#t therein shall be commenced and tried in the &ro&er 1o'rt "!i1! !$# ?'ri#di1tio( o4er t!e $re$ wherein the real property in ol ed or a portion thereof is #it'$ted. 2Gor1i3le e(try and det$i(er $1tio(# shall be 1o%%e(1ed $(d tried in the %'(i1i&$l tri$l 1o'rt of t!e %'(i1i&$lity or 1ity "!erei( t!e re$l &ro&erty i(4ol4ed9 or $ &ortio( t!ereof9 i# #it'$ted. &1ection /, Rule 0". +.0.+. ;e('e of &er#o($l $1tio(# 2#ll 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 case of a non;resident defendant where he may be found, $t t!e ele1tio( of t!e &l$i(tiff &1ection ., Rule 0". +.0.0. ;e('e of $1tio( $)$i(#t (o(5re#ide(t# If any of the defendants doe# (ot re#ide and i# (ot fo'(d in the *hilippines, and the $1tio( $ffe1t# t!e &er#o($l #t$t'# of t!e &l$i(tiff, or any &ro&erty of #$id defe(d$(t located in the *hilippines, t!e $1tio( may be commenced and tried in the 1o'rt of t!e &l$1e "!ere t!e &l$i(tiff re#ide#, or "!ere t!e &ro&erty or $(y &ortio( t!ereof i# #it'$ted or fo'(d &1ection +, Rule 0". +.0.=. W!e( t!e r'le# o( 4e('e do (o $&&ly 2%his rule shall not apply : +$0 in those cases where a #&e1ifi1 r'le or l$" &ro4ide# otherwise or +30 where the parties !$4e 4$lidly $)reed i( "riti() before the filing of the action on the e5clusi e enue thereof &1ection 0, Rule 0". >ote! %he nature of the action whether real or personal is determined by the +=

$lle)$tio(# of t!e 1o%&l$i(t or 3y t!e f'(d$%e(t$l $(d &ri%e o3?e1t $(d ($t're of t!e $1tio( + Aa ieres . 1anche6, -0 *hil ,@B, /-=0". +.0.@. Effe1t# o( #ti&'l$tio(# o( 4e('e Rule 0 1ection 0 pro ides two cases where the pro isions of the Rules of 4ourt on enue of action shall not apply, to wit! a" where a specific rule or law pro ides otherwise or b" "!ere t!e &$rtie# !$4e 4$lidly $)reed i( "riti() 3efore t!e fili() of t!e $1tio( o( t!e e:1l'#i4e 4e('e t!ereof.*; In 1ps. 8antin . 8antion, this 4ourt e5plained that a enue stipulation must contain words that show e:1l'#i4ity or re#tri1ti4e(e##, as follows! 2#t the outset, we must ma7e clear that under 1ection 0 &b" of Rule 0 of the /--, Rules of 4i il *rocedure, the general rules on enue of actions shall not apply where the parties, before the filing of the action, ha e alidly agreed in writing on an e5clusi e enue. T!e %ere #ti&'l$tio( o( t!e 4e('e of $( $1tio(9 !o"e4er9 i# (ot e(o')! to &re1l'de &$rtie# fro% 3ri()i() $ 1$#e i( ot!er 4e('e#. %he parties must be able to show that such stipulation is e:1l'#i4e. In the absence of qualifying or restricti e words, the stipulation should be deemed as merely an agreement on an additional forum, not as limiting enue to the specified place. 4learly, the words e:1l'#i4ely and 2"$i4i() for t!i# &'r&o#e $(y ot!er 4e('e* are restricti e and used ad isedly to meet the requirements + PAGLAUM MANAGEMENT J DE;ELOPMENT CORP. $(d HEALTH MARLETING TECHNOLOGIES9 INC.9 Petitio(er# 5 4er#'# 5 UNION BANL OG THE PHILIPPINES9 NOTARY PUBLIC <OHN DOE9 $(d REGISTER OG DEEDS of Ce3' City $(d Ce3' Pro4i(1e9 Re#&o(de(t#9 <. LING J SONS CO.9 INC. I(ter4e(or. G.R. No. ,>-.,=9 <'(e ,=9 2.,20. +.=. Ple$di()# +.=./. 3inds of pleadings *leadings are the written statements of the respecti e claims and defenses of the parties submitted to the court for appropriate judgment &1ection /, Rule @". %he claims of a party are asserted in $ 1o%&l$i(t, 1o'(ter1l$i%, 1ro## 1l$i%9 t!ird &fourth, etc." ;&$rty 1o%&l$i(t, or 1o%&l$i(t5i(5i(ter4e(tio(. %he defenses of a party are alleged in the answer to the pleading asserting a claim against him. #n answer may be responded to by a reply &1ection ., Rule @". )rom the abo e pro isions, the 7inds of pleadings are!

+@

$0 Co%&l$i(t : is the pleading alleging the &l$i(tiffH# 1$'#e or 1$'#e# of $1tio(. %he ($%e# and re#ide(1e# of the plaintiff and defendant must be stated in the complaint &1ection ., Rule @". 3" A(#"er : is a pleading in which a defending party #et# fort! !i# defe(#e# &1ection 0, Rule @". %he defenses may either be (e)$ti4e or $ffir%$ti4e. i. (e)$ti4e defe(#e is the #&e1ifi1 de(i$l of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action ii. (e)$ti4e &re)($(t C a denial pregnant with an admission of the substantial facts alleged in the pleadings. It arises from a too literal denial of the allegations of the opponentDs pleadings, as a result the form and not the substance is denied. If defendantDs denial is negati e pregnant, it is equi alent to an admission &Aalofa . >ee 'on 1ing, .. 14R# 0?". iii..$ffir%$ti4e defe(#e 5 is an allegation of $ (e" %$tter which, while hypothetically $d%itti() the material allegations in the pleading of the claimant, "o'ld (e4ert!ele## &re4e(t re1o4ery 3y !i%. %he affirmati e defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former reco ery, discharge in ban7ruptcy, and any other matter by way of confession and a oidance &1ection =, Rule @". 10 Co'(ter1l$i%# # counterclaim is any claim which a defending party may ha e against an opposing party &1ection @, Rule @". # counterclaim parta7es of the nature of a complaint or cause of action against plaintiff &9atela . 4hau %ay, = 14R# /@+ &/-@." # cross claimant or a counter;claimant is a plaintiff on the cross;claim or counterclaim. # counterclaim must be filed against an opposing party in the same capacity he is suing &de 'orja . de 'orja, /B/ *hil. -// &/-=,". i. 4ompulsory counterclaim : is one which, being cogni6able by the regular courts of justice, $ri#e# o't of or is 1o((e1ted with the transaction or occurrence 1o(#tit'ti() t!e #'3?e1t %$tter of the opposing partyDs claim and doe# (ot reD'ire for it# $d?'di1$tio( t!e &re#e(1e of t!ird &$rtie# of whom the court cannot acquire jurisdiction. S'1! $ 1o'(ter1l$i% %'#t 3e "it!i( t!e ?'ri#di1tio( of t!e 1o'rt 3ot! $# to t!e $%o'(t $(d t!e ($t're t!ereof, e5cept that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount &1ection ,, Rule @". ii. *ermissi e counterclaim ; a counterclaim is permissi e, if it doe# (ot $ri#e o't of9 (or i# (e1e##$rily 1o((e1ted "it!, the subject matter of the opposing partyDs claim.

+,

iii. (ffect on the counterclaim when the complaint is dismissed. 2# counterclaim is essentially au5iliary or ancillary to the main contro ersy inasmuch as it arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the complaint. Bei() $(1ill$ry to t!e %$i( $1tio(9 it (eed# (o i(de&e(de(t ?'ri#di1tio($l )ro'(d# to #'&&ort it9 $(d $# $ 1o(#eD'e(1e9 (o ?'ri#di1tio($l $%o'(t i# reD'ired for it# $d?'di1$tio(* +, Mor$(9 ,->- ed. 7/757/B0. 2When the 4ourt does not ha e jurisdiction to entertain the main action of the case and dismissed the same, then the compulsory counterclaim, being ancillary to the principal contro ersy, must li7ewise be dismissed, unless it had independent jurisdictional ground to support it +, Mor$(9 ,->- ed.7/75 7/B0. >ote! Gnder 1ections . and +, Rule /,, where the complaint is dismissed upon motion of the plaintiff &1ection ." or due to the fault of the plaintiff +1ection +", t!e defe(d$(t %$y &ro#e1'te !i# 1o'(ter1l$i% i( t!e #$%e or i( $ #e&$r$te $1tio( d0 4ross;claim; # cross claim is any claim by one party against a co; party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. S'1! 1ro##51l$i% %$y i(1l'de $ 1l$i% t!$t t!e &$rty $)$i(#t "!o% it i# $##erted i# or %$y 3e li$3le to t!e 1ro##51l$i%$(t for $ll or &$rt of $ 1l$i% $##erted i( t!e $1tio( $)$i(#t t!e 1ro##51l$i%$(t &1ection ?, Rule @". Note! %o settle in a #i()le &ro1eedi() all the claims of the different parties i( t!e 1$#e $)$i(#t e$1! ot!er is the purpose of cross;claim so that multiplicity of suit would not arise. (5ample! e0 %hird &fourth, etc." party complaint : is a claim that a defending party %$y "it! le$4e of 1o'rt9 file against a person (ot $ &$rty to t!e $1tio(, called the third &fourth, etc." party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponentDs claim &1ection //, Rule @". 1ection //, Rule @ of the Rules of 4ourt allows defendant to 3ri() i( $ t!ird &$rty defe(d$(t to liti)$te !i# #e&$r$te 1$'#e of $1tio( in respect of plaintiffDs claim against a third party in the original and principal case "it! t!e o3?e1t of $4oidi() 1ir1'itry of $1tio( $(d '((e1e##$ry &rolifer$tio( of l$"#'it# and dispensing e5peditiously in o(e liti)$tio( the entire subject matter arising from one particular set of facts &Briti#! Air"$y# 4. CA G.R. ,2,=2B9 <$(. 2-9 ,--=9 -, SCAD ,/>0. In an action for damages based on torts, the defendant may with lea e of court file a third party complaint against a third person on the ground that the latterDs negligence is the pro5imate cause of the accident & #'&r$".

+?

f0 4omplaint;in; inter ention; %he purpose of inter ention is to enable a stranger to an action to become a party in order for him to protect his interest and for the court to settle all conflicting claims. Inter ention is allowed to a oid multiplicity of suits more than on due process considerations +G.R. No. ,A/>>.9 - A')'#t 2.,.9 A2> SCRA ,.-0 )0 Reply ; # reply is a pleading, the office or f'(1tio( of "!i1! i# to de(y, or $lle)e f$1t# i( de(i$l or $4oid$(1e of (e" %$tter# $lle)ed 3y "$y of defe(#e in the answer and thereby ?oi( or %$8e i##'e $# to #'1! (e" %$tter#. If a party does not file such reply, all the new matters alleged in the answer are deemed contro erted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint &1ection /B, Rule @". E:$%&le: when the defense in the answer is based on an actionable document, $ re&ly '(der o$t! &'r#'$(t to Se1tio( = of R'le = %'#t 3e %$de; otherwise, the genuineness and due e5ecution of the document shall be deemed admitted & 1engco . 1ellner, +, *hil. .=@ &/-/,". 2%o deny the genuineness and due e5ecution of an instrument, the defe(d$(t %'#t de1l$re '(der o$t! that !e did (ot #i)( the document or that it i# ot!er"i#e f$l#e or f$3ri1$ted. # %ere #t$te%e(t i( t!e $(#"er that the instrument was procured by fraudulent representation doe# (ot r$i#e $(y i##'e as to its genuineness or due e5ecution &supra". 2When an $1tio( or defe(#e or defe(#e i# fo'(ded '&o( $ "ritte( i(#tr'%e(t9 copied in or attached to the corresponding pleading as pro ided in the preceding section, the genuineness and due e5ecution of the instrument shall be dee%ed $d%itted '(le## t!e $d4er#e &$rty9 '(der o$t!9 #&e1ifi1$lly de(ie# t!e%9 $(d #et# fort! "!$t !e 1l$i%# to 3e t!e f$1t# but the reD'ire%e(t of $( o$t! doe# (ot $&&ly when the ad erse party does (ot appear to be $ &$rty to t!e i(#tr'%e(t or when compliance with an order for an i(#&e1tio( of t!e ori)i($l i(#tr'%e(t i# ref'#ed +Se1tio( =9 R'le =0. +.=... Ple$di()# $llo"ed i( #%$ll 1l$i% 1$#e# and cases co ered by the Rules on 1ummary *rocedure S%$ll 1l$i% 1$#e# 1(4. .. 1cope.N%his Rule shall go ern the procedure in actions before the 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts in 4ities 9unicipal %rial 4ourts and 9unicipal 4ircuit %rial 4ourts for payment of money where the alue of the 1l$i% doe# (ot e:1eed O(e H'(dred T!o'#$(d Pe#o# +P,..9......0 exclusive of i(tere#t $(d 1o#t#. 1(4. 0. #pplicability.N%he 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts in 4ities, 9unicipal %rial 4ourts, and 9unicipal 4ircuit %rial 4ourts shall apply this Rule in all actions which are! &a" purely ci il in nature where +-

the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and &b" the ci il aspect of criminal actions, either filed before the institution of the criminal action, or reser ed upon the filing of the criminal action in court, pursuant to Rule /// of the Re ised Rules <f 4riminal *rocedure. 1(4. =. 4ommencement of 1mall 4laims #ction.N# small claims action is commenced by filing with the court an accomplished and erified 1tatement of 4laim &)orm /;144" in duplicate, accompanied by a 4ertification of >on;forum 1hopping &)orm /;#, 144", and two &." duly certified photocopies of the actionable documentRs subject of the claim, as well as the affida its of witnesses and other e idence to support the claim. >o e idence shall be allowed during the hearing which was not attached to or submitted together with the 4laim, unless good cause is shown for the admission of additional e idence. No for%$l &le$di()9 ot!er t!$( t!e St$te%e(t of Cl$i% de#1ri3ed i( t!i# R'le9 i# (e1e##$ry to i(iti$te $ #%$ll 1l$i%# $1tio(. Ple$di()# $llo"ed i( 1$#e# 1o4ered 3y t!e R'le# o( S'%%$ry Pro1ed're 21ection +@ of 'atas *ambansa 'lg. /.-, otherwise 7nown as %he $udiciary Reorgani6ation #ct of /-?B pro ides, among others, as follows! 1ec. +@ ; 1ummary *rocedures in 1pecial 4ases 5 5 5 %he 1upreme 4ourt #!$ll $do&t #&e1i$l r'le# or &ro1ed're# $&&li1$3le to #'1! 1$#e# i( order to $1!ie4e $( e:&editio(# +#i10 $(d i(e:&e(#i4e deter%i($tio( t!ereof "it!o't re)$rd to te1!(i1$l r'le#. 1uch simplified procedures may pro ide that $ffid$4it# $(d 1o'(ter5$ffid$4it# may be admitted in lieu of oral testimony and that the &eriod# for fili() &le$di()# #!$ll 3e (o(5 e:te(di3le. *ursuant to the aforequoted legislati e mandate, the 1upreme 4ourt promulgated the Rule on 1ummary *rocedure, the pertinent pro isions of which, as related to the issues raised in this case, are hereunder set forth ; II 5 Ci4il C$#e# Se1tio( 7 5 Ple$di()# #. *leadings allowed ; %he only pleadings allowed to be filed are the 1o%&l$i(t#9 1o%&'l#ory 1o'(ter51l$i%# $(d 1ro##51l$i%# &le$ded i( t!e $(#"er9 $(d t!e $(#"er# t!ereto : : : 1ection = #nswer ; Within ten &/B" days from ser ice of summons, the defendant shall file his answer to the complaint and ser e a copy thereof on the plaintiff 5 5 5 1ection @. (ffect of )ailure to answer ; 1hould the defendant fail to answer the complaint within the period abo e pro ided, the 4ourt, motu proprio, or on 0B

motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein Se1tio( ,-. Pro!i3ited Ple$di()# $(d Motio(# 5 %he following pleadings, motions, or petitions shall (ot 3e $llo"ed in the cases co ered by this Rule! +$0 Motio( for e:te(#io( of ti%e to file &le$di()#9 $ffid$4it# or $(y ot!er &$&er +EA.R. >o. //@@-=. $une .B, /--,F JI4%<RI# A. A#4K<> and #8(S AG(J#R#, petitioners, s. K<>. ><R'(R%< 4. D(J(R#, $R., *residing $udge, 'ranch SSIJ, R%4, Iloilo 4ity; K<>. $<1( R. #1%<RA#, *residing $udge, 'ranch I, 9unicipal %rial 4ourt in 4ities, Iloilo 4ity; and 1G1#># AG(J#R#, represented by her attorney;in;fact, R<1#8I( AG(J#R#, respondents". +.=.+. P$rt# of &le$di() $0 4aption : it sets forth the ($%e of t!e 1o'rt, the title of t!e $1tio(, and the do18et ('%3er if assigned. %he title of t!e $1tio( indicates the ($%e# of t!e &$rtie#. %hey shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. %heir respecti e participation in the case shall be indicated &1ection /, Rule ,". 30 1ignatures and address : ( ery pleading must be signed by the party or counsel representing him, stating in either case his address which should not be a post office bo5.. #n '(#i)(ed &le$di() produces (o le)$l effe1t. Kowe er, the court may, i( it# di#1retio(, $llo" #'1! defi1ie(1y to be remedied if it shall appear that the same was d'e to %ere i($d4erte(1e and (ot i(te(ded for del$y. 4ounsel "!o deli3er$tely file# an unsigned pleading, or signs a pleading i( 4iol$tio( of t!i# R'le, or alleges #1$(d$lo'# or i(de1e(t %$tter t!erei(9 or f$il# to &ro%&tly re&ort to t!e 1o'rt $ 1!$()e of !i# $ddre##9 #!$ll 3e #'3?e1t to $&&ro&ri$te di#1i&li($ry $1tio( +Se1tio( 79 R'le >0 10 Jerification and certification against forum shopping i. Requirements of a 1or&or$tio( e:e1'ti() t!e 4erifi1$tio(I1ertifi1$tio( of (o(5for'% #!o&&i(). In a case where the plaintiff is a &ri4$te 1or&or$tio(, the certification may be signed, for and on behalf of the said corporation, by a #&e1ifi1$lly $'t!ori@ed &er#o( +Bo$rd of Dire1tor# MRe#ol'tio(0 including it# ret$i(ed 1o'(#el, who has personal 7nowledge of the facts required to be established by the documents &NEGROS MERCHANTS A.R. >o. /=B-/ ENTERPRISES9 INC.9 *etitioner,; ersus ; CHINA BANLING CORPORATION9 Re#&o(de(t , #ugust /,, .BB,"

0/

d0 %he signature of counsel constitutes a certificate by him that !e !$# re$d t!e &le$di()E that to t!e 3e#t of !i# 8(o"led)e9 i(for%$tio(9 $(d 3elief t!ere i# )ood )ro'(d to #'&&ort itE $(d t!$t it i# (ot i(ter&o#ed for del$y. Note#! %he erb erify means you chec7 that it is true by careful e5amination or in estigation. T!e )e(er$l r'le is that &le$di()# (eed (ot 3e '(der o$t!9 erified or accompanied by affida it. %he e:1e&tio( i# "!e( #&e1ifi1$lly reD'ired 3y l$" or r'le +&$r. ,9 Se1tio( B9 R'le >0. A &le$di() i# 4erified 3y $( $ffid$4it that the affiant has read the pleading and that the allegations therein are true and correct of !i# 8(o"led)e &and belief" or 3$#ed o( $'t!e(ti1 re1ord# +&$r. 29 Se1tio( B9 R'le >0. What may be treated as unsigned pleadingL #nswer! # pleading required to be erified which contains a erification based on 2information and belief, or 2upon knowledge, information and belief, or lac7s a proper erification, shall be treated as an unsigned pleading &par. +, 1ection 0, Rule ,". Certifi1$tio( $)$i(#t for'% #!o&&i() %he plaintiff or principal party shall certify under oath in the complaint or anne5ed thereto and simultaneously filed therewith! &a" that !e !$# (ot t!eretofore 1o%%e(1ed $(y $1tio( or filed $(y 1l$i% in ol ing the same issues in any court, tribunal or quasi;judicial agency and, to the best of his 7nowledge, no such other action or claim is pending therein; &b" if there is such other action or claim, a complete statement of the present status thereof; and, T 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 fi e &=" days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. G$il're to 1o%&ly with the foregoing requirements #!$ll (ot 3e 1'r$3le 3y %ere $%e(d%e(t of t!e 1o%&l$i(t or ot!er i(iti$tory &le$di() but shall be 1$'#e for t!e di#%i##$l of t!e 1$#e without prejudice, unless otherwise pro ided, upon motion and hearing. %he submission of a f$l#e 1ertifi1$tio( or (o(51o%&li$(1e "it! $(y of t!e '(dert$8i()# therein shall constitute indirect contempt of court, without prejudice to the corresponding administrati e and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be 0.

ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrati e sanctions &1ection =, Rule ,". +.=.0. Alle)$tio(# i( $ &le$di() $0 9anner of ma7ing allegations ( ery pleading shall contain in a methodical and logical form, a plain, concise and direct #t$te%e(t of t!e 'lti%$te f$1t# on which the party pleading relies for his claim or defense, as the case may be, o%itti() t!e #t$te%e(t of %ere e4ide(ti$ry f$1t#. If a defe(#e relied o( i# 3$#ed o( l$", the &erti(e(t &ro4i#io(# t!ereof and their $&&li1$3ility to !i% shall be 1le$rly $(d 1o(1i#ely #t$ted &1ection /, Rule ?". Ulti%$te f$1t# are the essential facts constituting the plaintiffDs cause of action. # fact is essential if it 1$((ot 3e #tri18e( o't without lea ing the statement of the cause of action insufficient &9oran, Rules of 4ourt, Jol. /, /-@+ ed., p. ./+0. It refer# to &ri(1i&$l9 deter%i($te9 1o(#tit'ti4e f$1t#9 '&o( t!e e:i#te(1e of "!i1! t!e e(tire 1$'#e of $1tio( re#t# &Remitere . Jda. De Pulo, A.R. >o. 8;/-,=/, )eb. .?, /-@@, /@ 14R# .=/". E4ide(ti$ry f$1t# are those facts which are necessary for determination of the ultimate facts; they are the premises upon which conclusions of ultimate facts are based. %hey are those facts which will pro e the case; matters or particulars of e idence by which the material elements are to be established. # pleading should state the ultimate facts essential to the right of action or defense asserted, as distinguished from a mere conclusion of law. (5ample of conclusion of law! #llegation of bad faith is a mere conclusion of law. %o constitute e identiary facts there must be showing of facts constituting bad faith on which the entire cause of action rests. i. 4onditions precedent : In any pleading a general a erment of the performance or occurrence of all conditions shall be sufficient &1ection +, Rule ?". ii. )raud, mista7e, malice, intent, 7nowledge and other condition of the mind, judgments, official documents or acts 2In all a erments of fr$'d or %i#t$8e, the circumstances constituting fraud, or mista7e %'#t 3e #t$ted "it! &$rti1'l$rity. 9alice, intent, 7nowledge or other condition of the mind of a person %$y 3e $4erred )e(er$lly* &1ection =, Rule ?". 2In pleading $ ?'d)%e(t or de1i#io( of $ do%e#ti1 or forei)( 1o'rt, judicial or quasi;judicial tribunal, or of a board or officer, it is sufficient to a er the judgment or decision "it!o't #etti() fort! matter showing jurisdiction to render it &1ection @, Rule ?".

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30 *leading an $1tio($3le do1'%e(t 2Whene er an $1tio( or defe(#e is based upon a written instrument or document, the #'3#t$(1e of #'1! i(#tr'%e(t or do1'%e(t #!$ll 3e #et fort! in the pleading, and the ori)i($l or $ 1o&y t!ereof #!$ll 3e $tt$1!ed to the pleading as an e5hibit, which shall be dee%ed to 3e $ &$rt of t!e &le$di(), or said copy may with li7e effect be set forth in the pleading &1ection ,, Rule ?". 10 1pecific denials 2When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as pro ided in the preceding section , the genuineness and due e5ecution of the instrument shall be dee%ed $d%itted unless the ad erse party, '(der o$t!9 1*(4I)I4#88P denies them, and #et fort!9 "!$t !e 1l$i%# to 3e t!e f$1t# 9 but the reD'ire%e(t of $( o$t! does not apply when the $d4er#e &$rty doe# (ot $&&e$r to 3e $ &$rty to t!e i(#tr'%e(t or when compliance with $( order for an inspection of the original i# ref'#ed &1ection ?, Rule ?". i. (ffects of failure to ma7e specific denials under oath! a. %he genuineness and due e5ecution of the instrument is deemed admitted; b. %he document need not be formally offered in e idence; and c. Where the cause of action is based on an affida it and memorandum of quitclaim, the substance of which was properly alleged in the complaint and copies attached thereto, the defendant is deemed to ha e admitted the genuineness and due e5ecution of the document for failure to deny the same under oath; 1o(#eD'e(tly9 $ ?'d)%e(t o( t!e &le$di()# i# &ro&er +Di(o 4. ;$le(1i$9 G.R. No. L5B7==A9 <'ly ,-9 ,-=-9 ,>/ SCRA 0B@". ii. When a specific denial requires under oath 2# defendant must specify each material allegation of fact t!e tr't! of "!i1! !e doe# (ot $d%it and, whene er practicable, shall #et fort! t!e #'3#t$(1e of t!e %$tter# upon which he relies to #'&&ort !i# de(i$l. Where a defendant desires to deny o(ly $ &$rt of an a erment, !e #!$ll #&e1ify so much of it as is true and material and shall deny only the remainder. W!ere $ defe(d$(t i# "it!o't 8(o"led)e or i(for%$tio( #'ffi1ie(t to for% $ 3elief $# to t!e tr't! of $ %$teri$l $4er%e(t %$de i( t!e 1o%&l$i(t9 !e #!$ll #o #t$te9 $(d t!i# #!$ll !$4e t!e effe1t of de(i$l &1ection /B, Rule ?" Note: %he purpose of requiring defendant to ma7e a #&e1ifi1 de(i$l is to ma7e him disclose the matters alleged in the complaint which he sincerely intends to dispro e at the trial, together with the matters he relies upon to 00

support the denial. %his specific denial remo es unfair ad antage, unnecessary e5penses and waste of time, 3y 1o%&elli() 3ot! &$rtie# to l$y t!eir 1$rd# o( t!e t$3le9 t!'#9 red'1i() t!e 1o(tro4er#y to it# tr'e ter%#. +.=.= (ffect of failure to plead i. )ailure to plead defenses and objections a" 2Defenses and objections not pleaded eit!er in $ %otio( to di#%i## or i( t!e $(#"er are deemed "$i4ed. Kowe er, when it appears from the pleadings or the e idence on record that the court has no jurisdiction o er the subject matter, that there is another action pending bet een the same parties for the same cause9 or t!$t t!e action is barred by prior judgment or by statute o! limitations, the court shall di#%i## the claim &1ection /, Rule -". b" )ailure to plead a compulsory counterclaim and cross;claim 2# compulsory counterclaim, or a cross;claim, not set up shall be barred &1ection ., Rule -". +.=.@. Default a" When is a declaration of default properL 2If the defending party f$il# to $(#"er within the time allowed therefor, the court shall, '&o( %otio( of t!e 1l$i%i() &$rty with (oti1e to t!e defe(di() &$rty, and &roof of such failure, declare the defending party in default %hereupon, the court shall &ro1eed to re(der ?'d)%e(t granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit e idence. 1uch reception of e idence may be delegated to the cler7 of court &1ection +, Rule -" b" What is the effect of an order of defaultL 2# party in default shall be e(titled to (oti1e of #'3#eD'e(t &ro1eedi()# BUT NOT TO TALE PART IN THE TRIAL. c" What relief is a ailable from an order of defaultL 2# party declared in default %$y $t $(y ti%e $fter (oti1e thereof and before judgment file $ %otio( '(der o$t! to #et $#ide t!e order of def$'lt upon proper showing that !i# f$il're to $(#"er was due to !raud, accident, mista+e or e$cusable negligence and t!$t !e !$# $ %eritorio'# defe(#e. d" What is the effect of a partial defaultL 2When a pleading asserting a claim states a common cause of action against se eral defending parties, #o%e of "!o% $(#"er $(d t!e ot!er# f$il to do #o9 t!e 1o'rt #!$ll try t!e 1$#e $)$i(#t $ll '&o( t!e $(#"er# 0=

thus filed and re(der ?'d)%e(t '&o( t!e e4ide(1e &re#e(ted. e" %o what e5tent may relief be adjudged against a party in defaultL 2# judgment rendered against a party in default shall not e5ceed the amount or be different in 7ind from that prayed for nor award unliquidated damages. f" %o what actions may the court (ot $llo"ed de1l$ri() a party in defaultL 2If the defending party in an $1tio( for $(('l%e(t or de1l$r$tio( of ('llity of %$rri$)e or for le)$l #e&$r$tio( fails to answer, the court shall order the prosecuting attorney to in estigate whether or not a collusion between the parties e5ists, and if there is no collusion, to inter ene for the 1tate in order to see to it that the e idence submitted is not fabricated. +.=., )iling and ser ice of pleadings a" *ayment of doc7et fees In 1un Insurance <ffice 8td. . $udge #suncion &.=. *hil. .?B &/-?-". the 4ourt laid down the following rules as regards the payment of filing fees! /. It is not simply the filing of the complaint or appropriate initiatory pleading, 3't t!e &$y%e(t of t!e &re#1ri3ed do18et fee t!$t 4e#t# $ tri$l 1o'rt "it! ?'ri#di1tio( o4er t!e #'3?e1t %$tter or ($t're of t!e $1tio(. Where the filing of the initiatory pleading is not accompanied by payment of the doc7et fee, the 1o'rt %$y $llo" &$y%e(t of the fee "it!i( $ re$#o($3le ti%e but in (o 1$#e 3eyo(d t!e $&&li1$3le &re#1ri&ti4e or re)l$%e(t$ry &eriod. .. %he same rule applies to &er%i##i4e 1o'(ter1l$i%#, t!ird5&$rty 1l$i%# and #i%il$r &le$di()#, which shall not be considered filed until and '(le## t!e fili() fee &re#1ri3ed t!erefor i# &$id. %he court may also allow payment of said fee within a reasonable time but also in no case beyond its applicable prescripti e or reglamentary period. +. Where the trial court acquires jurisdiction o er a claim by the filing of the appropriate pleading and payment of the prescribed filing fee 3't9 subsequently, the judgment a ards a claim not speci!ied in the pleading, or i! speci!ied the same has been le!t !or determination by the court, the $dditio($l fili() fee therefor shall constitute $ lie( o( t!e ?'d)%e(t. It shall be the responsibility of the 4ler7 of 4ourt or his duly authori6ed deputy to enforce said lien and assess and collect the additional fee & RICARDO RINAL9 POTENCIANA RINAL9 SATURNINA RINAL9 ELENA RINAL9 $(d BEN<AMIN RINAL9 Petitio(er#95 4er#'# 5LEONCIA NAREDO9 ANASTACIO LIRIO9 0@

EDILBERTO CANTA;IE<A9 GLORIA CANTA;IE<A9 CELSO CANTA;IE<A $(d t!e HEIRS of MELANIE CANTA;IE<A. Re#&o(de(t#. G.R. No. ,/,=-= M$r1! ,B9 2.,20. b" )iling ersus ser ice of pleadings 2Gili() is the act of presenting the pleading or other paper to the cler7 of court. 2Ser4i1e is the act of pro iding a party with a copy of the pleading or paper concerned. If any party has appeared by counsel, ser ice upon him shall be made upon his counsel or one of them, unless ser ice upon the party himself is ordered by the court. Where one counsel appears for se eral parties, he shall only be entitled to one copy of any paper ser ed upon him by the opposite side &1ection ., Rule /+". c" *eriods of filing of pleadings &Internet surf supreme court d" 9anner of filing 2%he filing of pleadings, appearances, motions, notices, orders, judgments, and all other papers shall be made by &re#e(ti() t!e ori)i($l copies thereof, plainly indicated as such, &er#o($lly to t!e 1ler8 of 1o'rt or 3y #e(di() t!e% 3y re)i#tered %$il. I( t!e fir#t 1$#e, the cler7 of court shall endorse on the pleadings the date and hour of filing. In the #e1o(d 1$#e, the date of mailing of motions, pleadings, or any other papers or payments or deposits, as shown by the post office stamp on the en elope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court. %he en elope shall be attached to the record of the case &1ection+, Rule /+". e" 9odes of ser ice : ser ice of pleadings, motions, notices, orders, judgments and other papers shall be made either personally or mail &1ection =, Rule /+" i. Per#o($l #er4i1e 5 21er ice of the papers may be made 3y deli4eri() &er#o($lly a copy to t!e &$rty or !i# 1o'(#el, or by le$4i() it i( !i# offi1e with his cler7 or with a person ha ing charge thereof. If no person is found in his office, or his office is not 7nown, or he has no office, then by lea ing the copy, between the hours of eight in the morning and si5 in the e ening, at the partyDs or counselDs residence, if 7nown, with a person of #'ffi1ie(t $)e $(d di#1retio( then residing therein &1ection @, Rule /+".

0,

ii. Ser4i1e 3y %$il 21er ice by registered mail shall be made by de&o#iti() t!e 1o&y i( t!e &o#t offi1e9 i( $ #e$led e(4elo&e9 &l$i(ly $ddre##ed to t!e &$rty or !i# 1o'(#el $t !i# offi1e9 if 8(o"(, otherwise at his residence, if 7nown, with postage fully pre;paid, and with instructions to the postmaster to return the mail to the sender after ten &/B" days if undeli ered. If (o re)i#try #er4i1e i# $4$il$3le i( t!e lo1$lity of either the sender or the addressee, ser ice may be done 3y ordi($ry %$il. &1ection ,, Rule /+". iii. S'3#tit'ted #er4i1e 2If ser ice of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his counsel being un7nown, ser ice may be made 3y deli4eri() t!e 1o&y to t!e 1ler8 of 1o'rt9 "it! &roof of f$il're of 3ot! &er#o($l #er4i1e $(d #er4i1e %$il. %he ser ice is complete at the time of deli ery. &1ection ?, Rule /+". i . Ser4i1e of ?'d)%e(t#9 fi($l order# or re#ol'tio(# 2$udgments, final orders or resolutions shall be ser ed either personally or by registered mail. When a party #'%%o(ed 3y &'3li1$tio( !$# f$iled to $&&e$r i( t!e $1tio(, judgments, final orders or resolutions against him #!$ll 3e #er4ed '&o( !i% $l#o 3y &'3li1$tio( $t t!e e:&e(#e of the prevailing party &1ection -, Rule /+". . Prioritie# i( %ode# of #er4i1e $(d fili() OWhene er practicable, the #er4i1e $(d fili() of &le$di()# and other papers #!$ll 3e do(e &er#o($lly. (5cept with respect to papers emanating from the court9 $ re#ort to ot!er %ode# must be $11o%&$(ied 3y $ "ritte( e:&l$($tio( why the ser ice or filing was not done personally. A 4iol$tio( of t!i# R'le %$y 3e 1$'#e to 1o(#ider t!e &$&er $# (ot filed* &1ection //, Rule /+". i. W!e( #er4i1e i# dee%ed 1o%&lete 2Per#o($l #er4i1e is deemed 1o%&lete '&o( $1t'$l deli4ery. 1er ice 3y ordi($ry %$il is complete upon the e:&ir$tio( of te( +,.0 d$y# after mailing, unless the court otherwise pro ides. Ser4i1e 3y re)i#tered %$il is complete upon $1t'$l re1ei&t by the addressee, or after fi e &=" days from the date he recei ed the first notice of the postmaster, whiche er date is earlier &1ection /B, Rule /+".

0?

ii. Proof of fili() 2%he filing of a pleading or paper #!$ll 3e &ro4ed 3y it# e:i#te(1e i( t!e re1ord of t!e 1$#e. If it is (ot i( t!e re1ord, but is claimed to ha e been filed &er#o($lly, the filing shall be &ro4ed 3y t!e "ritte( or #t$%&ed $18(o"led)%e(t of it# fili() by the cler7 of court on a copy of the same; if filed 3y re)i#tered %$il9 by the registry receipt containing a full statement of the date and place of depositing the mail in the post office in a sealed en elope addressed to the court with, with postage full prepaid, and with instructions to the postmaster to return the mail to the sender after ten &/B" days if not deli ered &1ection /., Rule /+". ii. a" Proof of service !roof of personal #er4i1e shall consist of $ "ritte( $d%i##io( of the party ser ed, or t!e offi1i$l ret'r( of t!e #er4er, or the $ffid$4it of t!e &$rty #er4i(), containing a full statement of the date, place and manner of ser ice. If the #er4i1e is by ordinary mail, proof thereof shall consist of $( $ffid$4it of t!e &er#o( %$ili() of f$1t# #!o"i() 1o%&li$(1e "it! Se1tio( > of t!i# R'le 2 &1ection /+, Rule /+". +.=.? A%e(d%e(t 2*leadings may be amended 3y $ddi() or #tri8i() o't an allegation or the name of any party, or by correcting a mista7e in the name of a party or a mista7en or inadequate allegation or description in any other respect, #o t!$t t!e $1t'$l %erit# of t!e 1o(tro4er#y %$y #&eedily 3e deter%i(ed9 "it!o't re)$rd to te1!(i1$litie#9 $(d i( t!e %o#t e:&editio'# $(d i(e:&e(#i4e %$((er* &1ection /, Rule /B". $0 #mendment $# $ %$tter of ri)!t 2# party may $%e(d !i# &le$di() once $# $ %$tter of ri)!t $t $(yti%e 3efore $ re#&o(#i4e &le$di() i# #er4ed or9 in the case o! a reply, at any time within ten "#$% days after it is served 30 #mendments 3y le$4e of 1o'rt 2(5cept as pro ided in the ne5t preceding section, #'3#t$(ti$l $%e(d%e(t may be made only '&o( le$4e of 1o'rt. 'ut such leave may be re!used if it appears to the court t!$t t!e %otio( "$# %$de "it! i(te(t to del$y. <rders of the court upon the matters pro ided in this section shall be made upon motion in court, and $fter (oti1e to t!e $d4er#e &$rty and an o&&ort'(ity to 3e !e$rd* &1ection +, Rule /B". 0-

1" Gor%$l $%e(d%e(t 2# defect in the designation of the parties and other clearly clerical or typographical errors may be #'%%$rily 1orre1ted 3y t!e 1o'rt $t $(y #t$)e of t!e $1tio(9 at its i(iti$ti4e or o( %otio(9 provided no prejudice is caused thereby to the adverse party&1ection 0, Rule /B". d0 #mendments to 1o(for% to or $'t!ori@e &re#e(t$tio( of e4ide(1e 2When i##'e# (ot r$i#ed 3y t!e &le$di()# are tried ith the e$press or implied consent of the parties, t!ey #!$ll 3e tre$ted in all respects $# if t!ey !$d 3ee( r$i#ed i( t!e &le$di()#. S'1! $%e(d%e(t of t!e &le$di()# $# %$y 3e (e1e##$ry to 1$'#e t!e% to 1o(for% to t!e e4ide(1e and to raise these issues may be made '&o( %otio( of $(y &$rty $(yti%e, e4e( $fter ?'d)%e(tE but failure to amend does not affect the result of the trial of these issues. If evidence is objected to $t t!e tri$l o( t!e )ro'(d t!$t it i# (ot "it!i( t!e i##'e# %$de 3y t!e &le$di()#, the court may allo the pleadings to be amended and shall do so ith liberality i! the presentation o! the merits o! the action and the ends o! substantial justice ill be subserved thereby. %he court may grant a continuance to enable the amendment to be made &1ection =, Rule /B". e0 Different from supplemental pleadings 2Gpon %otio( of $ &$rty t!e 1o'rt may, upon reasonable notice and upon such terms as are just, permit him to #er4e $ #'&&le%e(t$l &le$di() setting forth transactions, occurrences, or e ents which ha e happened since the date of the pleading sought to be supplemented. %he $d4er#e &$rty %$y &le$d t!ereto "it!i( te( +,.0 d$y# fro% (oti1e of t!e order $d%itti() t!e #'&&le%e(t$l &le$di()* &1ection @, Rule /B" >otes! /" %he &'r&o#e of #'&&le%e(t$l &le$di() is to supply deficiencies in aid of the original pleading. It cannot be used to try a new matter or a new cause of action. f0 (ffect of amended pleading 2#n $%e(ded &le$di() #upersedes the pleading that it amends. Kowe er, $d%i##io(# i( #'&er#eded &le$di()# %$y 3e re1ei4ed i( e4ide(1e $)$i(#t t!e &le$der; and 1l$i%# or defe(#e# alleged therein are (ot i(1or&or$ted i( t!e $%e(ded &le$di() #!$ll 3e dee%ed "$i4ed* &1ection ?, Rule /B".

=B

+.@. S'%%o(# +.@./. >ature and purpose of summon in relation to actions in personam, in rem and quasi in rem 2Gpon the filing of the complaint and the payment of the requisite legal fees, the cler7 of court shall forthwith issue the corresponding summons to the defendantsD* +Se1tio( ,9 R'le ,B0. %he purpose of summons is to acquire jurisdiction o er the person, to gi e notice to the defendant that an action has been commenced against it. %he defendant or respondent is thus put on guard as to demands of plaintiffs or petitioners &%oyota 4ubao, Inc. . 4# A.R. >o./.@+./, <ctober .+, /--,, .?/ 14R# /-?". In #sia est 8imited . 4ourt of #ppeals &+=, *hil. =+@", the 4ourt underscored the (e1e##ity of deter%i(i() first whether the action is i( &er#o($%9 i( re% or D'$#i i( re% because the rules on ser ice of summons under Rule /0 of the Rules of 4ourt of the *hilippines apply according to the nature of the action. %he 4ourt elaborated, thus! 2In an action in personam9 ?'ri#di1tio( o4er t!e &er#o( of the defendant is (e1e##$ry for the court to 4$lidly try and de1ide the case. $urisdiction o er the person of a re#ide(t defe(d$(t "!o doe# (ot 4ol'(t$rily $&&e$r in court can be $1D'ired 3y &er#o($l #er4i1e of #'%%o(# as pro ided under 1ection ,, Rule /0 of the Rules of 4ourt. If !e 1$((ot 3e &er#o($lly #er4ed "it! #'%%o(# "it!i( $ re$#o($3le ti%e, substituted service may be made in accordance with 1ection ? of said Rule. If he is te%&or$rily o't of t!e 1o'(try, any of the following modes of ser ice may be resorted to! +,0 substituted ser ice set forth in 1ection ?; +20 personal ser ice outside the country, with lea e of court; +70 ser ice by publication, also with lea e of court; or &0" any other manner the court may deem sufficient. Kowe er, in an action in personam wherein the defendant is a (o(5re#ide(t "!o doe# (ot 4ol'(t$rily #'3%it !i%#elf to t!e $'t!ority of t!e 1o'rt9 personal service o! summons ithin the state is essential to the acquisition o! jurisdiction over her person. %his method of ser ice is possible if such defendant is physically present in the country. If !e i# (ot fo'(d t!erei(, the 1o'rt 1$((ot $1D'ire jurisdiction o er his person and therefore cannot alidly try and decide the case against him. A( e:1e&tio( "$# l$id do"( i( Ge%&erle 4. S1!e(8er "!erei( $ (o(5re#ide(t "$# #er4ed "it! #'%%o(# t!ro')! !i# "ife9 "!o "$# $ re#ide(t of t!e P!ili&&i(e# $(d "!o "$# !i# re&re#e(t$ti4e $(d $ttor(ey5i(5f$1t i( $ &rior 1i4il 1$#e filed 3y !i%E %oreo4er9 t!e #e1o(d 1$#e "$# $ %ere off#!oot of t!e first case. <n the other hand, i( $ &ro1eedi() i( re% or D'$#i i( re%, jurisdiction over the person o! the de!endant is (ot $ &rereD'i#ite to =/

1o(fer ?'ri#di1tio( o( t!e 1o'rt &ro4ided t!$t t!e 1o'rt $1D'ire# ?'ri#di1tio( o4er t!e re#. >onetheless, summons must be ser ed upon the defendant (ot for t!e &'r&o#e of 4e#ti() t!e 1o'rt "it! ?'ri#di1tio( 3't %erely for #$ti#fyi() t!e d'e &ro1e## reD'ire%e(t#. %hus, where the defendant is a non;resident who is not found in the *hilippines and +,0 the action affects the personal status of the plaintiff; +20 the action relates to, or the subject matter of which is property in the *hilippines in which the defendant has or claims a lien or interest; +70 the action see7s the e5clusion of the defendant from any interest in the property located in the *hilippines; or +B0 the property of the defendant has been attached in the *hilippinesN ser ice of summons may be effected by &$0 &er#o($l #er4i1e o't of t!e 1o'(try9 "it! le$4e of 1o'rtE &30 &'3li1$tio(9 $l#o "it! le$4e of 1o'rtE or +10 $(y ot!er %$((er t!e 1o'rt %$y dee% #'ffi1ie(t* &1pouses Domingo 9. 'elen et al. . Kon *ablo R. 4ha e6, 1ps. 1il ester 9 *acleb and *atricia #. *acleb et. #l A.R. >o. /,=++0, 9arch .B, .BB=". +.@... ;ol'(t$ry $&&e$r$(1e 2%he defendantDs 4ol'(t$ry $&&e$r$(1e in the action shall be eD'i4$le(t to #er4i1e of #'%%o(#. %he inclusion in a motion to dismiss of other grounds aside from lac7 of jurisdiction o er the person of the defendant shall not be deemed a oluntary appearance &1ection .B, Rule /0". is settled that if there is no alid ser ice of summons, the court can still acquire jurisdiction o er the person of the defendant by irtue of the latterDs oluntary appearance. %hus 1ection .B of Rule /0 of the Rules of 4ourt pro ides! 1ec. .B. Joluntary appearance. : %he defendantDs oluntary appearance in the action shall be equi alent to ser ice of summons. %he inclusion in a motion to dismiss of other grounds aside from lac7 of jurisdiction o er the person shall not be deemed a oluntary appearance. In *hilippine 4ommercial International 'an7 . 1pouses Wilson Dy Kong *i and 8olita Dy, the 4ourt said! 2*reliminarily, jurisdiction o er the defendant in a ci il case is acquired either by the 1oer1i4e &o"er of le)$l &ro1e##e# e5erted o er his person, or !i# 4ol'(t$ry $&&e$r$(1e i( 1o'rt. #s a general proposition, one who see7s an affirmati e relief is deemed to ha e submitted to the jurisdiction of the court. It i# 3y re$#o( of t!i# r'le t!$t "e !$4e !$d o11$#io( to de1l$re t!$t t!e fili() of %otio(# to $d%it $(#"er9 for $dditio($l ti%e to file $(#"er9 for re1o(#ider$tio( of $ def$'lt ?'d)%e(t9 $(d to lift order of def$'lt "it! %otio( for re1o(#ider$tio(9 i# 1o(#idered 4ol'(t$ry =.

#'3%i##io( to t!e 1o'rtH# ?'ri#di1tio(. %his, howe er, is te%&ered by the concept of 1o(ditio($l $&&e$r$(1e, such that a party who ma7es a special appearance to challenge, among others9 t!e 1o'rtH# ?'ri#di1tio( o4er !i# &er#o( 1$((ot 3e 1o(#idered to !$4e #'3%itted to it# $'t!ority. *rescinding from the foregoing, it is thus clear that! &/" S&e1i$l $&&e$r$(1e operates as an e5ception to the general rule on oluntary appearance; &." #ccordingly, o3?e1tio(# to t!e ?'ri#di1tio( of t!e 1o'rt o er the person of the defendant must be e5plicitly made, i.e., set forth in an unequi ocal manner; and &+" G$il're to do #o constitutes oluntary submission to the jurisdiction of the court, especially in instances where a pleading or motion see7ing affirmati e relief is filed and submitted to the court for resolution & Rapid 4ity Realty M De elopment 4orporation . <rlando Jilla M 8ourdes *a6 Jilla, A.R. >o. /?0/-,, )ebruary //, .B/B". +.@.+ Per#o($l #er4i1e Ser4i1e of t!e &$&er# %$y 3e %$de 3y deli4eri() &er#o($lly $ 1o&y to t!e &$rty or !i# 1o'(#el9 or 3y le$4i() it i( !i# offi1e "it! !i# 1ler8 or "it! $ &er#o( !$4i() 1!$r)e t!ereof. If no person is found in his office, or his office is not 7nown, or he has no office, then by lea ing a copy, between the hours of eight in the morning and si5 in the e ening, $t t!e &$rtyH# or 1o'(#el re#ide(1e, if 7nown, with a person of #'ffi1ie(t $)e $(d di#1retio( then residing therein &1ection @, Rule /+". +.@. 0. S'3#tit'ted #er4i1e 2If ser ice of pleadings, motions, notices, resolutions, orders, and other papers 1$((ot 3e %$de '(der t!e t"o &re1edi() #e1tio(#, the offi1e $(d &l$1e of re#ide(1e of the party or his counsel being '(8(o"(, service may be made by delivering the copy to the cler+ o! court, with proof of failure of both personal service and service by mail The service is complete at the time of such delivery &1ection ?, Rule /+". +.@.=. Co(#tr'1ti4e #er4i1e +3y &'3li1$tio(" $0 1er ice upon a defendant where his identity is un7nown or his whereabouts are un7nown 2In any action where the defendant is designated as an '(8(o"( o"(er, or the li7e or whene er !i# "!ere$3o't# $re '(8(o"( and =+

1$((ot 3e $#1ert$i(ed 3y dili)e(t i(D'iry, ser ice may, 3y le$4e of 1o'rt9 be effected upon him 3y &'3li1$tio( i( $ (e"#&$&er of )e(er$l 1ir1'l$tio( and in such places and for such time as the court may order +Se1tio( ,B9 R'le ,B0 Note: We should distinguish between an action against a resident defendant and an action against a non;resident defendant. In an action in personam, jurisdiction o er the person of the defendant is essential and necessary for the court to alidly try and decide the case. <'ri#di1tio( o4er t!e &er#o( of a resident defendant "!o doe# (ot 4ol'(t$rily $&&e$r in court can be $1D'ired by &er#o($l #er4i1e of summons &1ection @, Rule /0" If !e 1$((ot 3e &er#o($lly #er4ed with summons #er4i1e %$y 3e effe1ted 3y substituted service in accordance with 1ection ?, Rule /0". 30 1er ice upon residents temporarily outside the *hilippines If defendant is te%&or$rily o't of t!e 1o'(try9 any of the following %ode# of #er4i1e may be made! a" b" c" d" substituted ser ice as pro ided in 1ection , of Rule /0; ser ice outside the country, with lea e of court; ser ice by publication, with lea e of court; and any other manner the court may deem sufficient

T!erefore9 in an action in personam there are two ways of ser ice that could be made to a resident defendant! a" substituted ser ice &1ection ?, Rule /0" and b" by publication &1ections /, M /?, Rule /0" When the action in personam is against a (o(5re#ide(t defe(d$(t who 1$((ot 3e fo'(d i( t!e P!ili&&i(e# and doe# (ot 4ol'(t$rily #'3%it himself to the jurisdiction of the *hilippines, summons by publication cannot be made upon the person of the defendant for the purpose of acquiring jurisdiction. In fine, if the defendant is not found in the *hilippines, the court cannot acquire jurisdiction o er his person, and therefore (eit!er alidly try and decide the case against him (or acquire jurisdiction by resorting to substituted ser ice of summons. #gain, the case of Aemperle . 1chen7er was an e5ception. +.@.@ E:tr$5territori$l #er4i1e9 "!e( $llo"ed 2When the defendant does not reside and is not found in the *hilippines, and the action affects the &er#o($l #t$t'# of t!e &l$i(tiff or relates to, or the subject of which is, &ro&erty "it!i( t!e P!ili&&i(e#, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly =0

or in part, in e5cluding the defendant from any interest therein, or the property of the defendant has been attached within the *hilippines, #er4i1e %$y9 3y le$4e of 1o'rt9 3e effe1ted o't of t!e P!ili&&i(e# 3y &er#o($l #er4i1e $# '(der Se1tio( AE or 3y &'3li1$tio( i( $ (e"#&$&er of )e(er$l 1ir1'l$t/io( i( #'1! &l$1e# $(d for #'1! ti%e $# t!e 1o'rt %$y order, in which case a copy of the summons and order of the court shall be #e(t 3y re)i#tered %$il to t!e l$#t 8(o"( $ddre## of t!e defe(d$(t9 or in any other manner the court may deem sufficient. #ny order granting such lea e shall specify a reasonable time, which shall not be less than si5ty &@B" days after notice, within which the defendant must answer +Se1tio( ,/9 R'le ,B0. +.@., 1er ice upon &ri#o(er# and %i(or# 2When the defendant is $ &ri#o(er confined in a jail or institution, #er4i1e #!$ll 3e effe1ted '&o( !i% by the offi1er !$4i() t!e %$($)e%e(t of #'1! ?$il or i(#tit'tio( who is deemed deputi6ed as a special sheriff for said purpose &1ection -, Rule /0". 2When the defendant is $ %i(or9 insane or otherwise an incompetent, #er4i1e #!$ll 3e %$de '&o( !i% &er#o($lly and on his le)$l )'$rdi$( if he has one, or if none, upon his guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, #er4i1e %$y $l#o 3e %$de o( !i# f$t!er or %ot!er &1ection /B, Rule /0". +.@.?. Proof of #er4i1e of $ #'%%o(# 2%he proof of ser ice of a summons shall be made i( "riti() 3y t!e #er4er and shall set forth the manner, place, and date of ser ice; shall specify any papers which ha e been ser ed with the process and the name of the person who recei ed the same; $(d #!$ll 3e #"or( to "!e( %$de 3y $ &er#o( ot!er t!$( $ #!eriff or !i# de&'ty& 1ection /?, Rule /0" +., Motio(# +.,./. 9otions in general $0 Definition of a motion 30 9otions ersus pleadings 2# motion is an $&&li1$tio( for relief other than by a pleading &1ection /, Rule /=". 2#ll motions shall be in writing e5cept those made in open court or in the course of hearing or trial &1ection ., Rule /=". 2*leadings are the written statements of the respecti e claims and ==

defenses of the parties submitted to the court for appropriate judgment &1ection /, Rule @". 10 Co(te(t# $(d for% of %otio(# 2# motion shall state the relief #o')!t to be obtained and the )ro'(d# upon which it is based, and if reD'ired 3y t!e#e R'le# or (e1e##$ry to &ro4e f$1t# alleged therein, shall be $11o%&$(ied 3y #'&&orti() $ffid$4it# $(d ot!er &$&er#* & 1ection -, Rule /=". What are the three &+" pleadings that may be )r$(ted e: &$rteL #nswer! /" applications for a writ of preliminary attachment &Rule =," ." restraining order &1ec. =, Rule =? as amended by '* ..0" +" deli ery of personal property +R'le A.0 d0 >otice of hearing and hearing of motions 2(5cept for motions which the court may act upon without prejudicing the rights of the ad erse party, e4ery "ritte( %otio( #!$ll 3e #et for !e$ri() 3y t!e $&&li1$(t. 2( ery written motion required to be heard and the notice of the hearing thereof #!$ll 3e #er4ed in such a manner as to i(#'re it# re1ei&t 3y t!e ot!er &$rty $t le$#t t!ree +70 d$y# 3efore t!e d$te of !e$ri()9 unless the court for )ood 1$'#e sets the hearing on #!orter notice &1ection 0, Rule /=". 2%he notice of hearing shall be $ddre##ed to $ll &$rtie# concerned, and shall specify the time and date of the hearing which must not be later than ten &/B" days after the filing of the motion&1ection =, Rule /=". What is the effect of a motion that does not contain a notice of hearingL #nswer! 2%his 4ourt has indeed held, time and again, that under 1ections 0 and = of Rule /= of the Rules of 4ourt, the requirement is mandatory. )ailure to comply with the requirement renders t!e %otio( defe1ti4e. 2#s a rule, a motion without a notice of hearing is 1o(#idered &ro for%$ $(d doe# (ot $ffe1t t!e re)l$%e(t$ry &eriod for t!e $&&e$l or t!e fili() of t!e reD'i#ite &le$di(). 2 *rocedural lapse is committed in f$ili() to =@

i(1l'de $ (oti1e of !e$ri(), his motion was a "ort!le## &ie1e of &$&er "it! (o le)$l effe1t "!$t#oe4er. %hus, his motion was properly dismissed by the 1andiganbayan &1imon #. )lores . *eople of the *hilippines, A.R. >o. /?/+=0, )ebruary .,, .B/+". e0 O%(i3'# %otio( r'le 21ubject to the pro isions of section / of Rule -, a motion attac7ing a pleading, order, judgment, or proceeding shall include all objections then a ailable, and all objections not so included shall be deemed wai ed &1ection ?, Rule /=". 1ection /, Rule - pro ides! 2Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed wai ed. Kowe er, when it appears from the pleadings or the e idence on record that the court has no jurisdiction o er the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim. T!e o%(i3'# %otio( r'le doe# (ot $&&ly "!e( it $&&e$r# fro% t!e &le$di()# or t!e e4ide(1e o( re1ord! /. %hat the court has no jurisdiction o er the subject matter; .. %hat there is another action pending between the same parties for the same cause; or +. %hat the action is barred by a prior judgment or by statute of limitations. )ailure to include these matters &/, . and +" in a motion to dismiss may not be considered as a wai er thereof, but the court shall instead dismiss the claim, when any of them & /, . and +" appears from the pleadings or the e idence on record. e0 Liti)$ted $(d e: &$rte %otio(# 8itigated motions such as a motion to dismiss &1ection +, Rule /@", or motion for new trial &1ection ., Rule +,", or a motion for e5ecution of judgment pending appeal &1ection ., Rule +-", in all of which instances $ "ritte( (oti1e t!ereof i# reD'ired to 3e #er4ed 3y t!e %o4$(t o( t!e $d4er#e &$rty i( order to $fford t!e l$tter $( o&&ort'(ity to re#i#t t!e $&&li1$tio(. What are,, again, the &le$di()# that may be granted e5 parteL #nswer! /" applications for a writ of preliminary attachment &Rule =," =,

." restraining order &1ec. =, Rule =? as amended by '* ..0" +" deli ery of personal property &Rule @B" f" Pro for%$ %otio(# # pro forma motion had no other purpose than to )$i( ti%e $(d to del$y or i%&ede t!e &ro1eedi()#. Kence, 2where the circumstances of a case do not show an intent on the part of the mo ant merely to delay the proceedings, our 4ourt has refused to characteri6e the motion as simply pro forma. 5 5 5 2We note finally that because the doctrine relating to pro forma motions for reconsideration impacts upon the reality and substance of the statutory right of appeal, that doctrine should be applied reasonably, rather than literally. %he right to appeal, where it e5ists, is an important and aluable right. *ublic policy would be better ser ed by according the appellate court an effecti e opportunity to re iew the decision of the trial court on the merits, rather than by aborting the right to appeal by a literal application of the procedural rules relating to pro forma motions for reconsideration &1ecurity 'an7 and %rust 4ompany, Inc. . 4uenca, A.R. /+?=00, <ctober +, .BBB, +0/ 14R# ,?/; D#R . Jicente 3 Gy A.R. >o. /@-.,, A.R. >o. /?0/-,, )ebruary -, .BB,". +.,... Motio(# for 3ill of &$rti1'l$r# 2'efore responding to a pleading, a party may %o4e for $ defi(ite #t$te%e(t or for $ 3ill of &$rti1'l$r# of $(y %$tter "!i1! i# (ot $4erred "it! #'ffi1ie(t defi(ite(e## or &$rti1'l$rity to enable him properly to prepare his responsive pleading. If the &le$di() i# $ re&ly, the motion must be filed "it!i( te( +,.0 d$y# fro% #er4i1e thereof. 1uch motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired &1ection /, Rule /.". $0 *urpose and when applied for #s to the object and function of a bill of particulars, the same has been declared as follows! 2It is the office or function, as well as the o3?e1t or &'r&o#e, of a bill of particulars to $%&lify or li%it $ &le$di(), #&e1ify more %i('tely and particularly a claim or defense set up and pleaded in general terms, )i4e i(for%$tio(, not contained in the pleading, to the opposite party and the court $# to t!e &re1i#e ($t're9 1!$r$1ter9 #1o&e9 $(d e:te(t of t!e 1$'#e of $1tio( or defe(#e relied o( 3y t!e &le$der, and apprise the opposite party of the case which he has to meet, to t!e e(d t!$t t!e &roof $t t!e tri$l %$y 3e li%ited to t!e %$tter #&e1ified9 $(d i( order t!$t #'r&ri#e $t9 $(d (eedle## =?

&re&$r$tio(# for9 t!e tri$l %$y 3e $4oided9 and that the o&&o#ite &$rty %$y 3e $ided i( fr$%i() !i# $(#"eri() &le$di() $(d &re&$ri() for tri$l. It has also been stated that it is the function or purpose of a bill of particulars to define, clarify, particulari6e, and limit or circumscribe the issues in the case, to e5pedite the trial, and assist the court. A )e(er$l f'(1tio( or &'r&o#e of $ 3ill of &$rti1'l$r# i# to &re4e(t i(?'#ti1e or do ?'#ti1e i( t!e 1$#e "!e( t!$t 1$((ot 3e $11o%&li#!ed "it!o't t!e $id of #'1! $ 3ill &%an et al. . 1andiganbayan et al. /?B 14R# +0, 0.B0+ &/-?-"; %antuico . *eople .B0 14R# 0.? &/--/; Jirata . 1andiganbayan .. 14R# =.@ &/--+"; R* . *4AA . 1andiganbayan M 8ucio %an A.R. //=,0?, #ugust ,, /--@". >ote! # motion to dismiss based upon failure to state a cause of action with particularity should be treated as a motion for bill of particulars &1al ador . )rio, ++ 14R# +/, /-,B". 30 #ctions by the court 2Gpon the filing of the motion, the cler7 of court must immediately bring it to the attention of the court which may either deny or grant it outright, or allow the parties the opportunity to be heard &1ection ., Rule /.". 1" 4ompliance with the order and effect of noncompliance 2If the motion is )r$(ted, either in whole or in part, t!e 1o%&li$(1e t!ere"it! %'#t 3e effe1ted "it!i( te( +,.0 d$y# fro% (oti1e of t!e order9 '(le## $ differe(t &eriod i# fi:ed 3y t!e 1o'rt. %he bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, ser ing a copy thereof on the ad erse party &1ection +, Rule /.". 2If the order i# (ot o3eyed9 or in case of insufficient compliance therewith, t!e 1o'rt %$y order t!e #tri8i() o't of t!e &le$di() or the &ortio(# t!ereof to which the order was directed or ma7e such other order as it deems just &1ection 0, Rule /.". d" (ffect on the period to file a responsi e pleading 2#fter ser ice of the bill of particulars or of a more definite pleading, or $fter (oti1e of de(i$l of !i# %otio(, the mo ing party may file !i# re#&o(#i4e &le$di() "it!i( t!e &eriod to "!i1! !e "$# e(titled $t t!e ti%e of fili() !i# %otio(9 which shall not be less than fi e &=" days in any e ent &1ection =, Rule /.".

=-

+.,.+. 9otion to dismiss $0 Gro'(d# Within the time for but 3efore fili() t!e $(#"er to t!e 1o%&l$i(t or &le$di() $##erti() $ 1l$i%9 a motion to dismiss may be made on any of the following grounds! &a" %hat the court has (o ?'ri#di1tio( o4er t!e &er#o( of t!e defe(di() &$rty; &b" %hat the court has no jurisdiction o er the subject matter of the claim; &c" %hat the enue is improperly laid; &d" %hat the plaintiff has no legal capacity to sue; &e" %hat there is another action pending between the same parties for the same cause &litis pendentia& &f" %hat the cause of action is barred by a prior judgment or by the statute of limitations &g" %hat the pleading asserting the claim states no cause of action; &h" %hat the claim or demand set forth in the plaintiffDs pleading has been paid, wai ed, abandoned, or otherwise e5tinguished; &i" %hat the claim on which the action is founded is unenforceable under the pro isions of the statute of frauds and &j" %hat a condition precedent for filing the claim has not been complied with &1ection /, Rule /@". 3" Resolution of motion 2#fter the hearing, the court may di#%i## t!e $1tio( or 1l$i%, de(y t!e %otio(, or order t!e $%e(d%e(t of t!e &le$di(). 2%he court shall not defer the resolution of the motion for the reason that the )ro'(d relied '&o( i# (ot i(d'3it$3le. 2In e ery case, the resolution shall state clearly and distinctly the reasons therefor &1ection +, Rule /@". 1" Remedies of &l$i(tiff when the complaint is dismissed 1ection = of Rule /? pro ides that the dismissal of an action due to the plaintiffDs failure to appear at the pre;trial shall be "it! &re?'di1e, unless otherwise ordered by the court. In this case, the trial court dee%ed t!e &l$i(tiff#5!erei( #&o'#e# $# (o(5#'ited $(d ordered t!e di#%i##$l of t!eir Co%&l$i(t. #s the dismissal was a fi($l order, the &ro&er re%edy "$# to file $( ordi($ry $&&e$l and not a petition for certiorari. %he spousesD petition for certiorari was thus properly dismissed by the appellate court &1*<G1(1 #IG4(># '. 4<R*GI #>D R(>#%< 1. 4<R*GI, ; ersus ;4I%I'#>3, >.#. #>D K<>. R#G8 '. JI88#>G(J# as *residing $udge of 'ranch .==, Regional %rial 4ourt in 8as *iUas 4ity, A.R. >o. /,=@,, $uly +/, .BB-" @B

d" Remedies of the defendant when the motion to dismiss is denied 2We ha e held time and again that an order denying a 9otion to Dismiss is an i(terlo1'tory order which neither terminates nor !inally disposes o! a case as it leaves something to be done by the court be!ore the case is !inally decided on the merits. T!e )e(er$l r'le9 t!erefore9 i# t!$t t!e de(i$l of $ Motio( to Di#%i## 1$((ot 3e D'e#tio(ed i( $ #&e1i$l 1i4il $1tio( for Certior$ri which (ot error# of ?'d)%e(t is a remedy designed to correct errors o! jurisdiction and. Kowe er, we ha e li7ewise held that when the denial of the 9otion to Dismiss is t$i(ted with gra e abuse of discretion, the grant of the e5traordinary remedy of 4ertiorari may be justified. 'y 2gra e abuse of discretion is meant! 1uch capricious and whimsical e5ercise of judgment that is equi alent to lac7 of jurisdiction. %he abuse of discretion must be gra e as where the power is e5ercised in an arbitrary or despotic manner by reason of passion or personal hostility, and must be so patent and gross as to amount to an e asion of positi e duty or to a irtual refusal to perform the duty enjoined by or to act all in contemplation of law& >9 R<%K14KI8D M 1<>s &#G1%R#8I#" 8I9I%(D,; ersus ;8(*#>%< 4<>1<8ID#%(D 9I>I>A 4<9*#>P A.R. >o. /,=,--, >o ember .?, .B//". e" (ffect of dismissal of complaint on certain grounds e./. )ailure to pay doc7et fee the court has no jurisdiction. e... Dismissal is without prejudice. %he only instance when dismissal of an action under the rule is with prejudice is when the order itself so states. When a court issues upon plaintiffDs instance a dismissal order that is silent as to whether it is with or without prejudice, the presumption is that, it is without prejudice &Jallangca . 4#, /,+ 14R# 0. &/-?-" f0 When )ro'(d# &le$ded as $ffir%$ti4e defe(#e# 2If (o %otio( to di#%i## !$# 3ee( filed, any o! the grounds !or dismissal pro ided for in this Rule %$y 3e &le$ded $# $( $ffir%$ti4e defe(#e i( t!e $(#"er9 and, i( t!e di#1retio( of t!e 1o'rt, a preliminary hearing may be had thereon $# if $ %otio( to di#%i## !$d 3ee( filed. 2%he dismissal of the complaint under this section shall be "it!o't prejudice to the &ro#e1'tio( in the same or separate action of $ 1o'(ter1l$i% pleaded in the answer &1ection @, Rule /@"

@/

f0 'ar by dismissal #mong the grounds for motion to dismiss, there are three grounds which are barred by such dismissal, to wit! /.&f" %hat the cause of action is barred by a prior judgment or by the statute of limitations; .. 2&h" %hat the claim or demand set forth in the plaintiffDs pleading has been wai ed, abandoned, or otherwise e5tinguished; and +.&i" %hat the claim on which the action is founded is unenforceable under the pro isions of the statute of frauds &1ection /, Rule /@" h" Di#ti()'i#!ed fro% de%'rrer to e4ide(1e '(der R'le 77 #ny of the grounds for a motion to dismiss should be filed 3efore $(#"er to the complaint or pleading asserting a claim; while demurrer to e idence is made! 2After t!e &l$i(tiff !$# 1o%&leted t!e &re#e(t$tio( of !i# e4ide(1e9 the defendant may mo e for dismissal o( t!e )ro'(d t!$t '&o( t!e f$1t# $(d t!e l$" t!e &l$i(tiff !$# #!o"( (o ri)!t to relief. If his %otio( i# de(ied, he shall ha e the right to present e idence. If t!e %otio( i# )r$(ted 3't o( $&&e$l t!e order of di#%i##$l i# reversed he shall be dee%ed to !$4e "$i4ed the right to present e idence. &/a, R+=" +.? Di#%i##$l of $1tio(# +.?./. Di#%i##$l '&o( (oti1e 3y &l$i(tiffE t"o5 di#%i##$l r'le . 2# complaint may 3e di#%i##ed 3y t!e &l$i(tiff by filing a notice of dismissal at any time 3efore ser ice of the answer or of a motion for summary judgment. Gpon such notice being filed, the court shall issue an order confirming the dismissal. U(le## ot!er"i#e #t$ted i( t!e (oti1e9 t!e di#%i##$l i# "it!o't &re?'di1e9 e5cept that a notice operates as an adjudication upon the merits hen !iled by a plainti!! who has once dismissed in a competent court an action based on or including the same claim 1ection /, Rule /," 2%o be certain, when the 4ourt promulgated the /--, Rules of 4i il *rocedure, including the amended Rule /,, those pre ious jural doctrines that were inconsistent with the new rules incorporated in the /--, Rules of 4i il *rocedure were i%&li1itly $3$(do(ed i(#of$r $# i(1ide(t# $ri#i() $fter t!e effe1ti4ity of t!e (e" &ro1ed'r$l r'le# o( , <'ly ,-->. '# )inance, or e en the doctrine that a counterclaim may be necessarily dismissed along with the complaint, clearly conflicts with the /--, Rules of 4i il *rocedure. %he abandonment of '# )inance as doctrine e5tends as far bac7 as /--,, when the 4ourt adopted the new Rules of 4i il *rocedure. If9 #i(1e t!e(9 #'1! $3$(do(%e(t !$# (ot 3ee( $ffir%ed i( ?'ri#&r'de(1e9 it i# o(ly @.

3e1$'#e (o &ro&er 1$#e !$# $ri#e( t!$t "o'ld "$rr$(t e:&re## 1o(fir%$tio( of t!e (e" r'le. That opportunity is here and now, and e thus rule that the dismissal o! a complaint due to !ault o! the plainti!! is ithout prejudice to the right o! the de!endant to prosecute any pending counterclaims o! hatever nature in the same or separate action. We confirm that '# )inance and all pre ious rulings of the 4ourt that are inconsistent with this present holding are now abandoned &Ed)$rdo Pi()$ 4. Heir# of Ger%$( S$(ti$)o9 G.R. No. ,>.7/B9 <'(e 7.9 2..A0. 7.=.2. Di#%i##$l '&o( %otio( of &l$i(tiffE effe1t o( e:i#ti() 1o'(ter1l$i% 2(5cept as pro ided in the preceding section, $ 1o%&l$i(t #!$ll (ot be di#%i##ed at the plaintiffDs instance #$4e '&o( $&&ro4$l of t!e 1o'rt $(d '&o( #'1! ter%# $(d 1o(ditio(# $# t!e 1o'rt dee%# &ro&er. If a counterclaim has been pleaded by a defendant &rior to t!e #er4i1e '&o( !i% of t!e &l$i(tiffH# %otio( for di#%i##$l, the dismissal shall be limited to the complaint. %he di#%i##$l shall be "it!o't &re?'di1e to t!e ri)!t of t!e defe(d$(t to &ro#e1'te !i# 1o'(ter1l$i% i( $ #e&$r$te $1tio( unless within fifteen &/=" days from notice of the motion !e %$(ife#t# !i# &refere(1e to !$4e !i# 1o'(ter1l$i% re#ol4ed i( t!e #$%e $1tio(* +1ection ., Rule /,". +.?.+.. Di#%i##$l d'e to f$'lt of &l$i(tiff 2If, for (o ?'#tifi$3le 1$'#e, the plaintiff f$il# to $&&e$r o( t!e d$te of t!e &re#e(t$tio( of e4ide(1e i( 1!ief on the complaint, or to &ro#e1'te !i# $1tio( for $( '(re$#o($3le le()t! of ti%e, or to 1o%&ly "it! t!e#e R'le# or $(y order of t!e 1o'rt, the complaint may be di#%i##ed '&o( %otio( of t!e defe(d$(t or '&o( t!e 1o'rtH# %otio(9 ithout prejudice to the ri)!t of t!e defe(d$(t to &ro#e1'te !i# 1o'(ter1l$i% in the #$%e or in $ #e&$r$te $1tio(. T!i# di#%i##$l shall ha e the effe1t of $d?'di1$tio( '&o( t!e %erit#, unless otherwise declared by the court &1ection +, Rule /,". &(dgardo *inga . Keirs of Aerman 1antiago, A.R. >o. /,B+=0, $une +B, .BB@". +.?.0. Di#%i##$l of 1o'(ter1l$i%9 1ro##51l$i% or t!ird5&$rty 1o%&l$i(t 2%he pro isions of this Rule shall apply to the dismissal of any counterclaim, cross;claim, or third;party complaint. # oluntary dismissal by the claimant by notice as in 1ection / of this Rule, shall be %$de 3efore $ re#&o(#i4e &le$di() or $ %otio( for #'%%$ry ?'d)%e(t i# #er4ed or, if there is none, 3efore t!e i(trod'1tio( of e4ide(1e at the trial or hearing &1ection 0, Rule /,".

@+

+.-. Pre5tri$l +.-./. 4oncept of pre;trial 2*re;trial, by definition, is a procedural de ice intended to 1l$rify $(d li%it t!e 3$#i1 i##'e# r$i#ed 3y t!e &$rtie#, and to ta7e the trial of cases o't of t!e re$l% of #'r&ri#e $(d %$(e'4eri(). It is an answer to the clarion call for the speedy disposition of cases. Kailed as the most important procedural inno ation in #nglo;1a5on justice in the nineteenth century, it thus pa es the way for a less cluttered trial and resolution of the case. 2*ertinent pro isions of Rule /? of the Re ised Rules of 4ourt on *re;%rial read! 1(4. 0. #ppearance of parties. : It shall be the duty of the parties and their counsel to appear at the pre;trial. %he non;appearance of a party may be e5cused only if a alid cause is shown therefor or if a representati e shall appear in his behalf fully authori6ed in writing to enter into an amicable settlement, to submit to alternati e modes of dispute resolution, and to enter into stipulations or admissions of facts and of documents. 1(4. =. (ffect of failure to appear. : %he failure of the plaintiff to appear when so required pursuant to the ne5t preceding section shall be cause for dismissal of the action. %he dismissal shall be with prejudice, unless otherwise ordered by the court. # similar failure on the part of the defendant shall be cause to allow the plaintiff to present his e idence e5 parte and the court to render judgment on the basis thereof &#>1<> %R#D( 4(>%(R, I>4., #>1<> (9*<RIG9 4<R*<R#%I<> and %(DDP 3(>A 1( 4K(>, . *#4I)I4 '#>3I>A 4<R*<R#%I<>, Represented by Its 8iquidator, the *resident of the *hilippine Deposit Insurance 4orporation, A.R. >o. /,--- ,9arch /,, .BB-; %iu . 9iddleton, +@- *hil. ?.-, ?+= &/---". +.-... >ature and purpose 2%he pre;trial is mandatory. %he court shall consider! a" %he possibility of an amicable settlement or of a submission to alternati e modes of dispute resolution; &b" %he simplification of the issues; &c" %he necessity or desirability of amendments to the pleadings; &d" %he possibility of obtaining stipulations or admissions of facts and of documents to a oid unnecessary proof; &e" %he limitation of the number of witnesses; @0

&f" %he ad isability of a preliminary reference of issues to a commissioner; &g" %he propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a alid ground therefor be found to e5ist; &h" %he ad isability or necessity of suspending the proceedings; and; &i" 1uch other matters as may aid in the prompt disposition of the action &1ection ., Rule /?". In light of these objecti es, the parties are also required to submit a pre;trial brief, which must contain the following! 2&a" # statement of their willingness to enter into amicable settlement or alternati e modes of dispute resolution, indicating the desired terms thereof; &b" # summary of admitted facts and proposed stipulation of facts; &c" %he issues to be tried or resol ed; &d" %he documents or e5hibits to be presented, stating the purpose thereof; &e" # manifestation of their ha ing a ailed or their intention to a ail themsel es of disco ery procedures or referral to commissioners; and &f" %he number and names of the witnesses, and the substance of their respecti e testimonies. &1I8J(1%R( %IG, petitioner, s. D#>I(8 9IDD8(%<> and R(9(DI<1 *. 9IDD8(%<>, EA.R. >o. /+0--?. $uly /-, /---". +.-.+. Noti1e of &re5tri$l 2%he notice of pre;trial shall be ser ed on counsel, or on the party who has no counsel. %he counsel ser ed with such notice is charged with the duty of notifying the party represented by him &1ection +, Rule /?" +.-.0. #ppearance of parties; effect of failure to appear 2It shall be the duty of the parties and their counsel to appear at the pre;trial. %he non;appearance of a party may 3e e:1'#ed o(ly if a alid cause is shown therefor or if $ re&re#e(t$ti4e #!$ll $&&e$r i( !i# 3e!$lf f'lly $'t!ori@ed io( "riti() to enter into an amicable @=

settlement, to submit to alternative modes o! dispute resolution, and to enter into stipulations or admissions o! !acts and o! documents &1ection 0, Rule /?". 2%he f$il're of t!e &l$i(tiff to $&&e$r when so required pursuant to the ne5t preceding section shall 3e 1$'#e for t!e di#%i##$l of t!e $1tio(. %he dismissal shall be "it! &re?'di1e, unless otherwise ordered by the court. # similar f$il're o( t!e &$rt of t!e defe(d$(t shall be cause to $llo" &l$i(tiff to &re#e(t !i# e4ide(1e e:5&$rte and the court shall render judgment on the basis thereof &1ection =, Rule /?". +.-.=. *re;trial brief; effect of failure to file 2%he parties shall file with the court and ser e on the ad erse party, in such manner as shall ensure their receipt thereof at least three &+" days before the date of the pre;trial, their respecti e pre;trial briefs which shall contain , among others! +$0 A #t$te%e(t of t!eir "illi()(e## to e(ter i(to $%i1$3le #ettle%e(t or $lter($ti4e %ode# of di#&'te re#ol'tio(9 i(di1$ti() t!e de#ired ter%# t!ereofE +30 A #'%%$ry of $d%itted f$1t# $(d &ro&o#ed #ti&'l$tio( of f$1t#E +10 T!e i##'e# to 3e tried or re#ol4edE +d0 T!e do1'%e(t# or e:!i3it# to 3e &re#e(ted9 #t$ti() t!e &'r&o#e t!ereofE +e0 A %$(ife#t$tio( of t!eir !$4i() $4$iled or t!eir i(te(tio( to $4$il t!e%#el4e# of di#1o4ery &ro1ed're# or referr$l to 1o%%i##io(er#E $(d +f0 T!e ('%3er $(d ($%e# of t!e "it(e##e#9 $(d t!e #'3#t$(1e of t!eir re#&e1ti4e te#ti%o(ie#.* &ailure to file the pre'trial brief shall have the same effect as failure to appear at the pre'trial +Se1tio( A9 R'le ,=0. +.-.@. Di#ti(1tio( 3et"ee( &re5tri$l i( 1i4il 1$#e $(d &re5tri$l i( 1ri%i($l 1$#e 1ection . of Republic #ct >o. ?0-+ pro ides, M$(d$tory Pre5 tri$l i( Cri%i($l C$#e#. In all criminal cases cogni6able by the 9unicipal %rial 4ourt, 9unicipal 4ircuit %rial 4ourt, 9etropolitan %rial 4ourt, Regional %rial 4ourt and the 1andiganbayan, the justice or judge shall9 $fter $rr$i)(%e(t, order a pre;trial conference to consider the following!

@@

&a" &b" &c" &d" &e"

*lea bargaining; 1tipulation of )acts; 9ar7ing for identification of e idence of parties; Wai er of objections to admissibility of e idence; and 1uch other matters as will promote a fair and e5peditious trial

It is e ident that the &re#e(1e of t!e 1o%&l$i(i() "it(e##e# i# li8e"i#e %$(d$tory because they ha e to participate in the plea bargaining and the stipulation of facts. Gpon motion of the accused on the ground that the presence of the complaining witnesses is li7ewise mandatory and that the accused is entitled to speedy trial, the 4ourt was compelled to dismiss the case. 1aid dismissal is neither capricious nor precipitate. %he prosecution must li7ewise endea or to secure the presence of its complaining witnesses or any witnesses by any form of communication such as telephone, telegram, or letter. %hat is the essence of igorous and adequate prosecution. I( f$1t &ro#e1'tor# %'#t i(ter4ie" t!eir "it(e##e# 3efore t!e tri$l or 3efore t!e !e$ri() i( Co'rt. %here were instances in the past when the trial prosecutor manifested to the 4ourt that it had no witnesses and mo ed for the dismissal of the case during arraignment and pre;trial. (5perience showed that in such cases, prolonging the case was an e5ercise in futility. If it was precipitate, then the prosecution had committed it &%K( *(<*8( <) %K( *KI8I**I>(1, petitioner, s. K<>. $GDA( *#%(R>< J. %#4;#> &in his capacity as *residing $udge of the R%4, )ourth $udicial Region, 'ranch ?0, 'atangas 4ity" and 9#RI< >. #G1%RI#, respondents EA.R. >o. /0?BBB. )ebruary .,, .BB+F +.-.,. #lternati e Dispute Resolution a" 1pecial Rules of 4ourt on #DR &#.9. >o. B,;//;B?;14" +./B. I(ter4e(tio( +./B./. ReD'i#ite# for i(ter4e(tio( 2# person who !$# $ le)$l i(tere#t i( t!e %$tter i( liti)$tio(, or in the success of either of the parties, or an interest against both, or is so situated as to be ad ersely affected by a distribution or other disposition of property in the custody of the court, or of an officer thereof may, with lea e of court, be allowed to inter ene in the action. %he court shall consider whether or not the inter ention will unduly delay or prejudice the adjudication of the rights of the original parties, @,

and whether or not the inter enorDs rights may be fully protected in a separate proceeding &1ection /, Rule /-". Inter ention is a proceeding in a suit or an action by which a third person is permitted by the court to ma7e himself a party, either joining plaintiff in claiming what is sought by the complaint, or uniting with defendant in resisting the claims of plaintiff, or demanding something ad erse to both of them &A1I1 . 4#, A.R. >o. 0..,?, $an. .B, /-?-, /@- 14R# .00". +./B... Ti%e to i(ter4e(e 2%he motion to inter ene may be filed $t $(y ti%e 3efore re(ditio( of ?'d)%e(t 3y t!e tri$l 1o'rt. # copy of the pleading;in; inter ention shall be attached to the motion and ser ed on the original parties &1ection ., Rule /-". +./B.+ Re%edy for t!e de(i$l of %otio( to i(ter4e(e #n order denying a motion to dismiss i# i(terlo1'tory and not appealable. #n order denying a motion to dismiss does not finally dispose of the case, and in effect, allows the case to proceed until the final adjudication thereof by the court. #s such, it is merely interlocutory in nature and thus, not appealable./+ 1ection /&c", Rule 0/ of the Rules of 4ourt pro ides! 1(4%I<> /. 1ubject of appeal. ; #n appeal may be ta7en from a ?'d)%e(t or fi($l order t!$t 1o%&letely di#&o#e# of t!e 1$#e or of a particular matter therein when declared by these )ules to be appealable. >o appeal may be ta7en from! 555 &b" A( i(terlo1'tory order; In all the abo e instances where the judgment or final order is not appealable, t!e $))rie4ed &$rty %$y file $( $&&ro&ri$te #&e1i$l 1i4il $1tio( '(der R'le A/. 4learly, no appeal, under Rule 0= of the Rules of 4ourt, may be ta7en from an interlocutory order. I( 1$#e of de(i$l of $( i(terlo1'tory order9 t!e i%%edi$te re%edy $4$il$3le to t!e $))rie4ed &$rty i# to file $ #&e1i$l 1i4il $1tio( for 1ertior$ri '(der R'le A/ of t!e R'le# of Co'rt. I( t!i# 1$#e9 #i(1e t!e tri$l 1o'rtH# order de(yi() t!e %otio( to di#%i## i# (ot $&&e$l$3le9 &etitio(er# #!o'ld !$4e filed $ &etitio( for 1ertior$ri '(der R'le A/ to $##$il #'1! order and not a petition for re iew on certiorari under Rule 0= of the Rules of 4ourt &<R8#>D< #. R#P<1, )( #. R#P<1;D(8# *#I, represented by @?

DR. #>%<>I< #. R#P<1, and (>AR. 9#>G(8 #. R#P<1 ersus 5 %K( 4I%P <) 9#>I8# A.R. >o. /-@B@+, December /0, .B//" +.//. 1ubpoena +.//./. 1ubpoena ad te#tifi1$(d'% +.//... 1ubpoena duces tecum 21ubpoena is a process directed to a person requiring him to attend and to te#tify at the hearing or the trial of an action, or at any in estigation conducted by competent authority, or for the ta7ing of his deposition. It may also require him to bring with him any boo7s, documents, or other things under his control in which case it is called subpoena duces tecum &1ection /, Rule ./". +.//.+. 1er ice of subpoena 21er ice of subpoena shall be made i( t!e #$%e %$((er $# &er#o($l or #'3#tit'ted #er4i1e of #'%%o(#. %he ori)i($l #!$ll 3e e:!i3ited and a copy thereo! delivered t,so the person on hom it is served, tendering to him the fees for one dayDs attendance and the 7ilometrage allowed by these Rules, e5cept that, when a subpoena is issued by or on behalf of the Republic of the *hilippines or an officer or an agency thereof, the tender need not be made. %he ser ice must be made so as to allow the witness a reasonable time for preparation and tra el to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the boo7s, documents or things demanded shall also be tendered &1ection @, Rule ./". +.//.0. Co%&elli() $tte(d$(1e of "it(e##e#E 1o(te%&t 2In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of ser ice thereof and of the failure of the witness, may issue a warrant to the sheriff of the pro ince, or his deputy, to $rre#t t!e "it(e## $(d 3ri() !i% 3efore t!e 1o'rt or offi1er "!ere !i# $tte(d$(1e i# reD'ired, and the cost of such warrant and sei6ure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just e5cuse +Se1tio( =9 R'le 2,0. 2)ailure by any person without adequate cause to obey a subpoena ser ed upon him shall be dee%ed 1o(te%&t of t!e 1o'rt from which the subpoena is issued. If the subpoena was not issued by the court, the disobedience thereto shall be punished in accordance with the applicable law or Rule &1ection -, Rule ./". +.//.=. O'$#!i() of #'3&oe($ 2%he court may quash a subpoena duces tecum upon motion @-

promptly made and, in any e ent, at or before the time specified therein if it i# '(re$#o($3le $(d o&&re##i4e, or the rele4$(1y of t!e 3oo8#9 do1'%e(t# or t!i()# doe# (ot $&&e$r9 or if the person in whose behalf the subpoena is issued f$il# to $d4$(1e t!e re$#o($3le 1o#t of t!e &rod'1tio( t!ereof. 2%he court may quash a #'3&oe($ $d te#tifi1$(d'% on the ground that the "it(e## i# (ot 3o'(d t!ere3y. In either case, the subpoena may be quashed on the ground that the "it(e## fee# and 7ilometrage allowed by these Rules "ere (ot te(dered when the subpoena was ser ed &1ection 0, Rule ./". +./. Mode# of di#1o4ery +./../ Depositions &e(di() action; depositions 3efore action or &e(di() $&&e$l; Pe(di() $1tio( 2'y lea e of court $fter ?'ri#di1tio( !$# 3ee( o3t$i(ed o4er $(y defe(d$(t or o4er &ro&erty "!i1! i# t!e #'3?e1t of t!e $1tio(, or ithout such leave $fter $( $(#"er !$# 3ee( #er4ed, the testimony of any person, "!et!er $ &$rty or (ot, may be ta7en, at the instance of any party, by de&o#itio( '&o( or$l e:$%i($tio( or "ritte( i(terro)$torie#. %he attendance of witnesses may be compelled by the use of subpoena as pro ided in Rule ./. De&o#itio(# #!$ll 3e t$8e( o(ly i( $11ord$(1e "it! t!e#e R'le#. %he deposition of a &er#o( 1o(fi(ed i( &ri#o( may be ta7en only 3y le$4e of 1o'rt on such terms as the court prescribes. &1ection /, R'le 27". Before $1tio( 2# person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cogni6able in any court of the *hilippines, may file a erified petition in the court of the place of the residence of any e5pected ad erse party &1ection /, R'le 2B". Pe(di() $&&e$l 2If an appeal !$# 3ee( t$8e( from $ ?'d)%e(t of $ 1o'rt, i(1l'di() t!e Co'rt of A&&e$l# in proper cases, or 3efore t!e t$8i() of $( $&&e$l i! the time there!or has not e$pired, the 4ourt in which the judgment was rendered may allow the ta7ing of depositions of witnesses to &er&et'$te t!eir te#ti%o(y for '#e i( t!e e4e(t of f'rt!er &ro1eedi()# in the said court. In such case the party who desires to perpetuate the testimony may ma7e $ %otio( i( t!e #$id 1o'rt for le$4e to ta7e the depositions upon the same notice and ser ice thereof ,B

$# if t!e $1tio( "$# &e(di() t!erei(. %he motion shall state a" the names and addresses of the persons to be e5amined and the substance of the testimony which he e5pects to elicit from each; and b" the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to a oid a failure or delay of justice, it may ma7e an order allowing the depositions to be ta7en and used in the same manner and under the same conditions as are prescribed in these Rules for depositions ta7en in pending actions &1ection ,, Rule .0". a"9eaning of deposition 2Depositions are chiefly $ %ode of di#1o4ery. %hey are intended as a %e$(# to 1o%&el di#1lo#'re of f$1t# re#ti() i( t!e 8(o"led)e of $ &$rty or ot!er &er#o( "!i1! $re rele4$(t i( #o%e #'it or &ro1eedi() i( 1o'rt. Depositions, and the other modes of disco ery &interrogatories to parties; requests for admission by ad erse party; production or inspection of documents or things; physical and mental e5amination of persons" are meant to enable a party to learn all the material and rele ant facts, not only 7nown to him and his witnesses but also those 7nown to the ad erse party and the latterCs own witnesses. In fine, the object of disco ery is to ma7e it possible for all the parties to a case to learn all the material and rele ant facts, from whoe er may ha e 7nowledge thereof, to the end that their pleadings or motions may not suffer from inadequacy of factual foundation, and all the rele ant facts may be clearly and completely laid before the 4ourt, without omission or suppression. Depositions are principally made a ailable by law to the parties as a means of informing themsel es of all the rele ant facts; they are not therefore generally meant to be a substitute for the actual testimony in open court of a party or witness. %he deponent must as a rule is presented for oral e5amination in open court at the trial or hearing & DasmariUas Aarments, Inc. . Reyes, A.R. >o. /B?..-, #ugust .0, /--+, ..= 14R# b" #1o&e of e5amination; uses 2Gnless otherwise ordered by the court as pro ided by 1ection /@ or /? of this Rule, the deponent may be e5amined regarding $(y %$tter, (ot &ri4ile)ed9 which is rele4$(t to t!e #'3?e1t of t!e &e(di() $1tio(9 whether relating to the claim or defense of any other party, including the e5istence, description, nature, custody, condition, and location of any boo7s, documents, or other tangible things and the identity and location of persons ha ing 7nowledge of rele ant facts &1ection ., Rule .+". ,/

b;/0 '#e# 1ec. 0. Gse of depositions. : #t the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of e idence, may be used against any party who was present or represented at the ta7ing of the deposition or who had due notice thereof, in accordance with any one of the following pro isions! &a" #ny deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as witness; &b" %he deposition of a party or of any one who at the time of the ta7ing of the deposition was an officer, director, or managing agent of a public or pri ate corporation, partnership, or association which is a party may be used by an ad erse party for any purpose; &c" %he deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds! &/0 t!$t t!e "it(e## i# de$dE or &." t!$t t!e "it(e## re#ide# $t $ di#t$(1e %ore t!$( o(e !'(dred +,..0 8ilo%eter# fro% t!e &l$1e of tri$l or !e$ri(), or is o't of t!e P!ili&&i(e#, unless it appears that his absence as procured by the party o!!ering the deposition; or &+" t!$t t!e "it(e## i# '($3le to $tte(d or te#tify 3e1$'#e of $)e9 #i18(e##9 i(fir%ity9 or i%&ri#o(%e(t; or &0" that the &$rty offeri() t!e de&o#itio( !$# 3ee( '($3le to &ro1're t!e $tte(d$(1e of t!e "it(e## 3y #'3&oe(a; or &=" '&o( $&&li1$tio( $(d (oti1e9 t!$t #'1! e:1e&tio($l 1ir1'%#t$(1e# e:i#t $# to %$8e it de#ir$3le9 i( t!e i(tere#t of ?'#ti1e $(d "it! d'e re)$rd to t!e i%&ort$(1e of &re#e(ti() t!e te#ti%o(y of "it(e##e# or$lly i( o&e( 1o'rt9 to $llo" t!e de&o#itio( to 3e '#edE $(d &d" if only part of the deposition is offered in e idence by a party, the ad erse party may require him to introduce all of it which is rele ant to the part introduced, and any party may introduce any other parts &1ection 0, Rule .+". c" When may objections to admissibility made 21ubject to the pro isions of section .- of this Rule, objection may made $t t!e tri$l or !e$ri() to re1ei4i() i( e4ide(1e $(y de&o#itio( or &$rt t!ereof for any reason which would require e:1l'#io( of t!e e4ide(1e if the witness were then present and testifying &1ection @, Rule .+". 2 'efore a party can ma7e use of the deposition ta7en at the trial of a pending action, 1ection 0, Rule .+ of the Rules of 4ourt does not only require due obser ance of its sub;paragraphs &a" to &d"; it $l#o reD'ire#9 $# $ 1o(ditio( for $d%i##i3ility9 1o%&li$(1e "it! t!e ,.

r'le# o( e4ide(1e.* %hus, e en 1ection 0, Rule .+ of the Rules of 4ourt ma7es an implied reference to 1ection 0,, Rule /+B of the Rules of 4ourt before the deposition may be used in e idence. 'y reading Rule .+ in isolation, the petitioner failed to recogni6e that the principle conceding admissibility to a deposition under Rule .+ should be consistent with the rules on e idence under 1ection 0,, Rule /+B. In determining the admissibility of the 'ane deposition, therefore, reliance cannot be gi en on one pro ision to the e5clusion of the other; 3ot! &ro4i#io(# %'#t 3e 1o(#idered. %his is particularly true in this case where the e idence in the prior proceeding does not simply refer to a witnessD testimony in open court but to a deposition ta7en under another and farther jurisdiction. 2A 1o%%o( t!re$d t!$t r'(# fro% Se1tio( B9 R'le 27 of t!e R'le# of Co'rt $(d Se1tio( B>9 R'le ,7. of t!e #$%e R'le# i# t!eir %'t'$l refere(1e to de&o#itio(#. 2A de&o#itio( i# 1!iefly $ %ode of di#1o4ery "!o#e &ri%$ry f'(1tio( i# to #'&&le%e(t t!e &le$di()# for t!e &'r&o#e of di#1lo#i() t!e re$l &oi(t# of di#&'te 3et"ee( t!e &$rtie# $(d $ffordi() $( $deD'$te f$1t'$l 3$#i# d'ri() t!e &re&$r$tio( for tri$l. 1ince depositions are principally made a ailable to the parties as a means of informing themsel es of all the rele ant facts, depositions are not meant as substitute for the actual testimony in open court of a party or witness. Aenerally, the deponent must be presented for oral e5amination in open court at the trial or hearing. %his is a requirement of the rules on e idence under 1ection /, Rule /+. of the Rules of 4ourt. (5amination to be done in open court. N %he e5amination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Gnless the witness is incapacitated to spea7, or the question calls for a different mode of answer, the answers of the witness shall be gi en orally. 2 Indeed, any deposition offered to pro e the facts set forth therein, in lieu of the actual oral testimony of the deponent in open court, %$y 3e o&&o#ed 3y t!e $d4er#e &$rty $(d e:1l'ded '(der the !e$r#$y r'le C i.e.9 t!$t t!e $d4er#e &$rty !$d or !$# (o o&&ort'(ity to 1ro##5e:$%i(e t!e de&o(e(t $t t!e ti%e t!$t !i# te#ti%o(y i# offered. T!$t o&&ort'(ity for 1ro##5e:$%i($tio( "$# $fforded d'ri() t!e t$8i() of t!e de&o#itio( $lo(e i# (o $r)'%e(t9 $# t!e o&&ort'(ity for 1ro##5e:$%i($tio( %'#t (or%$lly 3e $11orded $ &$rty $t t!e ti%e t!$t t!e te#ti%o(i$l e4ide(1e i# $1t'$lly &re#e(ted $)$i(#t !i% d'ri() t!e tri$l or !e$ri() of $ 1$#e. Kowe er, under certain conditions and for certain limited purposes laid down in 1ection 0, Rule .+ of the Rules of 4ourt, the deposition may be used without the deponent being actually called to the witness stand.

,+

21ection 0,, Rule /+B of the Rules of 4ourt is an entirely different pro ision. While a former testimony or deposition appears under the (5ceptions to the Kearsay Rule, the classification of former testimony or deposition as an admissible hearsay is not uni ersally conceded. # fundamental characteristic of hearsay e idence is the ad erse partyDs lac7 of opportunity to cross;e5amine the out;of;court declarant. Kowe er, 1ection 0,, Rule /+B e5plicitly requires, inter alia, for t!e $d%i##i3ility of $ for%er te#ti%o(y or de&o#itio( t!$t t!e $d4er#e &$rty %'#t !$4e !$d $( o&&ort'(ity to 1ro##5e:$%i(e t!e "it(e## or t!e de&o(e(t i( t!e &rior &ro1eedi(). 2%his opportunity to cross;e5amine though is not the ordinary cross;e5amination afforded an ad erse party in usual trials regarding 2matters stated in the direct e5amination or connected therewith. 1ection 0,, Rule /+B of the Rules of 4ourt contemplates a different 7ind of cross;e5amination, whether actual or a mere opportunity, whose adequacy depends on the requisite identity of issues in the former case or proceeding and in the present case where the former testimony or deposition is sought to be introduced. 21ection 0,, Rule /+B requires that the issues in ol ed in both cases must, at least, 3e #'3#t$(ti$lly t!e #$%e; otherwise, there is no basis in saying that the former statement was ; or would ha e been ; sufficiently tested by cross;e5amination or by an opportunity to do so. %he requirement of similarity though does not mean that all the issues in the two proceedings should be the same. #lthough some issues may not be the same in the two actions, the admissibility of a former testimony on an issue which is similar in both actions cannot be questioned. 2%hese considerations, among others, ma7e 1ection 0,, Rule /+B a distinct rule on e idence and therefore should not be confused with the general pro isions on deposition under Rule .+ of the Rules of 4ourt. In other words, e en if the petitioner complies with Rule .+ of the Rules of 4ourt on the use of depositions, the obser ance of 1ection 0,, Rule /+B of the Rules of 4ourt cannot simply be a oided or disregarded & R(*G'8I4 <) %K( *KI8I**I>(1, ; ersus ; 1#>DIA#>'#P#> &)<GR%K DIJI1I<>", $<1( 8. #)RI4# &substituted by his heirs", 9#>G(8 K. >I(%<, $R., )(RDI>#>D (. 9#R4<1 &substituted by his heirs", I9(8D# R. 9#R4<1, )(RDI>#>D R. 9#R4<1, $R., $G#> *<>4( (>RI8(, and *<%(>4I#>< I8G1<RI< &substituted by his heirs, A.R. >o. /=.+,=. December /@, .B//".

,0

d" W!e( %$y t$8i() of de&o#itio( 3e ter%i($ted or it# #1o&e li%ited 2#t anytime during the ta7ing of the deposition, on motion or petition of any party or of the deponent and upon a showing that the e:$%i($tio( i# 3ei() 1o(d'1ted i( 3$d f$it! or in such manner as '(re$#o($3ly to $((oy9 e%3$rr$##9 or o&&re## t!e de&o(e(t or &$rty, the court in which the action is pending or the Regional %rial 4ourt of the place where the deposition is being ta7en %$y order t!e offi1er 1o(d'1ti() t!e e:$%i($tio( to 1e$#e forthwith from ta7ing the deposition, or %$y li%it t!e #1o&e $(d %$((er of the ta7ing of the deposition, as pro ided in section /@ of this Rule. If the order made terminates the e5amination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Gpon demand of the objecting party or deponent, the t$8i() of t!e de&o#itio( #!$ll 3e #'#&e(ded for the time necessary to ma7e a notice for an order. In granting or refusing such order, the court may impose upon either party or upon the witness the requirement to pay such costs or e5penses as the court may deem reasonable &1ection /?, Rule .+" +./.... Written interrogatories to ad erse parties a" 4onsequences of refusal to answer 2In iew of the RepublicDs failure to respond to 9)4Ds interrogatories, the Republic eritably 1o(1eded t!e re)'l$rity of t!e PN5MGC 1o(tr$1t9 t!$t (o "ro()doi() "$# 1o%%itted 4i#5654i# t!e 1o(1l'#io( of t!$t 1o(tr$1t $(d t!$t t!e #e&$r$te &er#o($lity of MGC "$# (ot '#ed for '(l$"f'l %e$(# to $1ti4$te t!e &ier1i() of 1or&or$te 4eil &ri(1i&le. T!e D'e#tio(# i( t!e i(terro)$torie# "ere #i%&le $(d dire1t $(d t!e $(#"er# t!ereto "o'ld !$4e 1o(#tit'ted t!e f$1tI# #o')!t to 3e e#t$3li#!ed. We do (ot #ee $(y re$#o( "!y t!e Re&'3li1 1o'ld (ot !$4e $(#"ered t!e%. %hey refer to rele ant matters that could clarify the important facts left out by, to borrow from Republic . 1andiganbayan, the 2roaming generalities in the complaint. &(DW#RD %. 9#R4(8< et al. . 1#>DIA#>'#P#> and %K( *R(1ID(>%I#8 4<99I11I<> <> A<<D A<J(R>9(>%, A.R. >o. /=@@B=, #ugust .?, .BB,". b" (ffect of failure to ser e written interrogatories 2Gnless thereafter allowed by the court for good cause shown and to pre ent a failure of justice, a party not ser ed with written interrogatories %$y (ot 3e 1o%&elled 3y t!e $d4er#e &$rty to )i4e te#ti%o(y i( o&e( 1o'rt9 or to )i4e $ de&o#itio( &e(di() $&&e$l* &1ection @, Rule .="

,=

+./..+. Request for admission 2#t any time $fter i##'e# !$4e 3ee( ?oi(ed, a party may file and ser e upon any other party a written reD'e#t for t!e $d%i##io( 3y t!e l$tter of t!e )e('i(e(e## of $(y %$teri$l $(d rele4$(t do1'%e(t de#1ri3ed i( $(d e:!i3ited with the request or of the truth of any material and rele ant matter of fact set forth in the request. 4opies of documents shall be deli ered with the request unless copies ha e already been furnished &1ection /, Rule .@". a" Implied admission by ad erse party 2(ach of the matters which an admission is requested shall be dee%ed $d%itted unless, within a period designated in the request which shall not be less than fifteen &/=" days after ser ice thereof, or within such further time as the court may allow on motion9 t!e &$rty to whom the request is directed file# $(d #er4e# upon the party requesting the admission $ #"or( #t$te%e(t eit!er de(yi() #&e1ifi1$lly t!e %$tter# "!i1! $( $d%i##io( i# reD'e#ted or #etti() fort! i( det$il t!e re$#o(# "!y !e 1$((ot tr't!f'lly eit!er $d%it or de(y t!o#e %$tter#. O3?e1tio(# to $(y reD'e#t for $d%i##io( shall be submitted to the court by the party requested within the period for and &rior to t!e fili() of !i# #"or( #t$te%e(t as contemplated in the preceding paragraph and his 1o%&li$(1e t!ere"it! #!$ll 3e deferred until such objections are resol ed, which resolution shall be made as early as practicable. &1ection ., Rule .@". b" 4onsequences of failure to answer request for admission 2If a party or other deponent ref'#e# to $(#"er $(y D'e#tio( upon oral e5amination, the e5amination may be completed on other matters or adjourned as the proponent of the question may prefer. %he proponent may thereafter $&&ly to t!e &ro&er 1o'rt of t!e &l$1e "!ere t!e de&o#itio( i# 3ei() t$8e(9 for $( order to 1o%&el $( $(#"er. %he same procedure may be a ailed of when a party or a witness refuses to answer any interrogatory submitted under Rules .+ or .= &1ection /, Rule .- Refusal to comply with modes of disco ery". c" (ffect of admission 2#ny admission made by a party pursuant to such request i# for t!e &'r&o#e of t!e &e(di() $1tio( o(ly and shall not constitute an admission by him for any other purpose nor may the same be used against him in any other proceeding &1ection +, Rule .@".

,@

d" (ffect of failure to file and ser e request for admission 2Gnless otherwise allowed by the court for good cause shown to pre ent a failure of justice9 $ &$rty "!o f$il# to file $(d #er4e $ reD'e#t for $d%i##io( o( t!e $d4er#e &$rty of %$teri$l rele4$(t f$1t# at issue which are, or ought to be, within the personal 7nowledge of the latter, #!$ll (ot 3e &er%itted to &re#e(t e4ide(1e o( #'1! f$1t# &1ection =, Rule .@" +./..0. *roduction or inspection of documents or things 2Gpon motion of any party showing good cause therefor, the court in which an action is pending may! a" order any party to produce and permit the inspection and copying or photographing, by or on behalf of the mo ing party, of any designated documents, papers, boo7s accounts, letters, photographs, objects or tangible things, not pri ileged, which constitute or contain e idence material to any matter in ol ed in the action and which are I his possession, custody or control; or b" order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, sur eying, or photographing the property or any designated rele ant object or operation thereon. %he order shall specify the time, place and manner of ma7ing the iBnspection and ta7ing copies and photographs, and may prescribe such terms and conditions as are just &1ection /, Rule .,". +./..=. *hysical and mental e5amination of persons 2In an action in which the mental or physical condition of a party is in contro ersy, the court in which the action is pending may in its discretion order him to submit to a physical or mental e5amination by a physician &1ection /, Rule .?". +./..@. 4onsequences of refusal to comply with modes of disco ery 2Refusal to answer. : If a party or other deponent refused to answer any question upon oral e5amination, the e5amination may be completed on other matters or adjourned as the proponent of the question may prefer. %he proponent may t!ere$fter $&&ly to t!e &ro&er 1o'rt of t!e &l$1e "!ere t!e de&o#itio( i# 3ei() t$8e(9 for $( order to 1o%&el $( $(#"er. %he same procedure may be a ailed of when a party or a witness refused to answer any interrogatory submitted under Rules .+ and .=. 2If the $&&li1$tio( i# )r$(ted, the court shall require the refusing party or deponent to answer the question or interrogatory and if it also finds that the refusal to answer was "it!o't #'3#t$(ti$l ?'#tifi1$tio(, ,,

it may require t!e ref'#i() &$rty or de&o(e(t or the counsel ad ising the refusal, or both of them9 to &$y t!e &ro&o(e(t the amount of the reasonable e5penses incurred in obtaining the order, including attorneyDs fees. 2If the $&&li1$tio( i# de(ied and the court finds that it was filed without substantial justification, the court may require the proponent or the counsel ad ising the filing of the application of both of them, to &$y t!e ref'#i() &$rty or de&o(e(t t!e $%o'(t of t!e re$#o($3le e:&e(#e#9 i(1'rred i( o&&o#i() t!e $&&li1$tio(9 i(1l'di() $ttor(eyH# fees &1ection /, Rule .-". 2%o be sure, the Rules of 4ourt prescribes the procedures and defines all the consequenceRs for refusing to comply with the different modes of disco ery. %he case of Republic . 1andiganbayan & A.R. >o. -B0,?, >o ember ./, /--/, .B0 14R# ./+" a case for reco ery of ill;gotten wealth where the defendants ser ed upon the *4AA written interrogatories but the latter refused to ma7e a disco ery, is rele ant. 1ome e5cerpts of what the 4ourt said thereat! %he message is plain. It is the duty of each contending party to lay before the court the facts in issue;;fully and fairly; 555 Initially, that underta7ing of laying the facts before the court is accomplished by the pleadings filed by the parties;V Wultimate factsW are set forth in the pleadings; 555. %he law says that e ery pleading Wshall contain in a V concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere e identiary facts.W *arenthetically, if this requirement is not obser ed, i.e., the ultimate facts are alleged too generally or Wnot a erred with sufficient definiteness or particularity to enable 5 5 &an ad erse party" properly to prepare his responsi e pleading or to prepare for trial,W a bill of particulars see7ing a Wmore definite statementW may be ordered V. 555. %he truth is that We identiary mattersC may be inquired into and learned by the parties before the trial. Indeed, it is the purpose and policy of the law that the parties ; before the trial if not indeed e en before the pre;trial ; should disco er or inform themsel es of all the facts rele ant to the action, not only those 7nown to them indi idually, but also those 7nown to their ad ersaries; in other words, the desideratum is that ci il trials should not be carried on in the dar7; and the Rules of 4ourt ma7e this ideal possible through the deposition; disco ery mechanism set forth in Rules .0 to .-. 555

,?

In line with this principle of according liberal treatment to the deposition;disco ery mechanism, such modes of disco ery as &a" depositions V under Rule .0,&b" interrogatories to parties under Rule .=, and &c" requests for admissions under Rule .@, may be a ailed of without lea e of court, and generally, without court inter ention. %he Rules of 4ourt e5plicitly pro ide that lea e of court is not necessary to a ail of said modes of disco ery after an answer to the complaint has been ser ed. 555. <n the other hand, lea e of court is required as regards disco ery V in accordance with Rule .,, or V under Rule .?, which may be granted upon due application and a showing of due cause. %o ensure that a ailment of the modes of disco ery is otherwise untrammeled and efficacious, the Claw imposes serious sanctions on the party who refuses to ma7e disco ery, such as dismissing the action or proceeding or part thereof, V; ta7ing the matters inquired into as established in accordance with the claim of the party see7ing disco ery; refusal to allow the disobedient party support or oppose designated claims or defenses; 555 555 555 555 <ne last word. 555 all that is entailed to acti ate or put in motion the process of disco ery by interrogatories to parties under Rule .= of the Rules of 4ourt, is simply the deli ery directly to a party of a letter setting forth a list of questions with the request that they be answered indi idually. %hat is all. %he ser ice of such a communication on the party has the effect of imposing on him the obligation of answering the questions Wseparately and fully in writing under oath,W and ser ing Wa copy of the answers on the party submitting the interrogatories VW %he sanctions for refusing to ma7e disco ery ha e already been mentioned. 1o, too, disco ery under Rule .@ is begun by nothing more comple5 than the ser ice on a party of a letter or other written communication containing a request that specific facts therein set forth V be admitted in writing. %hat is all. #gain, the receipt of such a communication by the party has the effect of imposing on him the obligation of ser ing the party requesting admission with Wa sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters9P f$ili() i( "!i1! P+e0$1! of t!e %$tter# of "!i1! $d%i##io( i# reD'e#ted #!$ll 3e dee%ed $d%itted.P &(DW#RD %. 9#R4(8<, 9#R4(8< )I'(RA8#11 4<R*<R#%I<>, et al. . 1#>DIA#>'#P#> and %K( *R(1ID(>%I#8 4<99I11I<> <> A<<D A<J(R>9(>%, A.R. >o. /=@@B=, #ugust .?, .BB,"

,-

+./+. Tri$l +./+./. #djournments and postponements 2# court may adjourn a trial from day to day, and to any stated time as the e5peditious and con enient transaction of business may require, 3't #!$ll !$4e (o &o"er to $d?o'r( $ tri$l for $ lo()er &eriod t!$( o(e %o(t! for e$1! $d?o'r(%e(t9 (or %ore t!$( t!ree %o(t!# i( $ll9 e5cept when authori-ed in riting by the Court 'dministrator, Supreme Court. .Section /, )ule 01&. +./+... Requisites of motion to postpone trial a" )or absence of e idence 2# motion to postpone a trial on the ground of $3#e(1e of e4ide(1e 1$( 3e )r$(ted o(ly '&o( affidavit #!o"i() t!e %$teri$lity or rele4$(1y of #'1! e4ide(1e9 and that due diligence has been used to procure it. 'ut if the ad erse party admits the facts to be gi en in e idence9 e4e( if !e o3?e1t# or re#er4e# t!e ri)!t to o3?e1t to t!eir $d%i##i3ility9 t!e tri$l #!$ll (ot 3e &o#t&o(ed &1ection +, Rule +B". b" )or illness of party or counsel 2 # motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon $ffid$4it or #"or( 1ertifi1$tio( that the presence of such party or counsel at the trial is indispensable and that the 1!$r$1ter of !i# ill(e## i# #'1! $# to re(der !i# (o(5$tte(d$(1e e:1'#$3le &1ection 0, Rule +B". +./+.+. #greed statement of facts 2%he parties to any action may agree, in writing, upon the facts in ol ed in the litigation, and submit the case for judgment on the facts agreed upon "it!o't t!e i(trod'1tio( of e4ide(1e. 2If the parties agree o(ly o( #o%e of t!e f$1t# i( i##'e, t!e tri$l shall be held as to t!e di#&'ted f$1t# in such order as the court shall prescribe &1ection @, Rule +B". +./+.0. <rder of trial; re ersal of order 21ubject to the pro isions of section . of Rule +/, and '(le## t!e 1o'rt for #&e1i$l re$#o(# ot!er"i#e dire1t#, the trial shall be limited to the issues stated in the pre;trial order and shall proceed as follows! &a" %he plaintiff shall adduce e idence in support of his complaint; ?B

&b" %he defendant shall then adduce e idence in support of his defense, counterclaim, cross;claim and third;party complaint; &c" %he third;party defendant, if any, shall adduce e idence of his defense, counterclaim, cross;claim and fourth;party complaint; &d" %he fourth;party and so forth, if any, shall adduce e idence of the material facts pleaded by them; &e" %he parties against whom any counterclaim or cross;claim has been pleaded, shall adduce e idence in support of their defense, in the order to be prescribed by the court; &f" %he parties may then respecti ely adduce rebutting e idence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce e idence upon their original case; and &g" Gpon admission of the e idence, the case, shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respecti e memoranda or any further pleadings. If se eral defendants or third party defendants, and so forth, ha ing separate defenses appear by different counsel, the court shall determine the relati e order of presentation of their e idence &1ection =, Rule +B" +./+.=. 4onsolidation or se erance of hearing of trial 2When actions in ol ing a 1o%%o( D'e#tio( of l$" or f$1t $re &e(di() 3efore t!e 1o'rt, it may order $ ?oi(t !e$ri() or trial of any or all the matters in issue in the actions; it %$y order $ll t!e $1tio(# 1o(#olid$ted9E and it may ma7e such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay &1ection /, Rule +/" 2%he court, in furtherance of con enience or to a oid prejudice, %$y order $ #e&$r$te tri$l of any claim, cross;claim, counterclaim, or third;party complaint, or of any separate issue or of any number of claims, cross;claims, third;party complaints or issues &1ection ., Rule +/". +./+.@. Delegation of reception of e idence 2%he judge of the court where the case is pending shall &er#o($lly re1ei4e t!e e4ide(1e to 3e $dd'1ed 3y t!e &$rtie#. Kowe er, in def$'lt or e: &$rte !e$ri()#, and in any case where the &$rtie# $)ree i( "riti(), the court may delegate the reception of the e idence to its cler7 of court "!o i# $ %e%3er of t!e 3$r. %he cler7 of court shall ha e no power to rule on objections to any question or to the admission of e5hibits, which objections shall be resol ed by the court upon submission of his report and the transcripts within ten &/B" days from termination of the hearing &1ection -, Rule +B"

?/

%a7e note that the cler7 of court should be $ %e%3er of t!e 3$r. *recisely in one case the 1upreme 4ourt ruled! 2WK(R()<R(, the 4ourt finds &a" respondent $udge 5 5 5 guilty for conduct unbecoming a judge and of iolating 1ection -, Rule +B, of the Rules of 4ourt, and he is hereby penali6ed with a fine of %en %housand &*/B,BBB.BB" *esos; &b" respondent acting cler7 of court 5 5 5 guilty of ha ing acted in contra ention with the rules on the reception by her, albeit upon the directi e of respondent judge, of e idence "it!o't !er#elf 3ei() $ %e%3er of t!e 3$r9 and she is hereby 1(J(R(8P R(*RI9#>D(D 5 5 5 &J(R>(%%( G9#8I; *#4<, '(R>#RDI>< D. >A, <R8#>D< K. K#'I%#> and $<1(*KI>( ). #>DR#D#, complainants, s. R(I>#%< A. HGI8#8#, E#.9. >o. R%$;B.;/@--. <ctober /=, .BB+F +./+., %rial by commissioners a" Reference by consent 2'y written consent of both parties, the court may order any or all of the issues in a case to be referred to a commissioner to be agreed upon by the parties or to be appointed by the court. #s used in these Rules, the word 2commissioner includes a referee, an auditor and an e5aminer & 1ection / Rule +.". a;/" Reference ordered on motion 2When the parties do not consent, the court may, upon the application of either or of its own motion, direct a reference to a commissioner in the following cases! &a" When the trial of an issue of fact requires the e5amination of a long account on either side, in which case the commissioner may be directed to hear and report upon the whole issue or any specific question in ol ed therein; &b" When the ta7ing of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect; &c" When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or for carrying a judgment or order into effect &1ection ., Rule +.". b" *owers of the commissioner 2When a reference is made, the cler7 shall forthwith furnish the commissioner with a copy of the order of reference. %he order may specify or limit the powers of the commissioner, and may direct him to report only upon particular issues, or to do or perform particular ?.

acts, or to recei e and report e idence only, and may fi5 the date for beginning and closing the hearings and for the filing of his report. 1ubject to the specifications and limitations stated in the order, the commissioner has and shall! b;/" e5ercise the power to re)'l$te t!e &ro1eedi()# in e ery hearing before him; b;." and to do $ll $1t# $(d t$8e $ll %e$#'re# (e1e##$ry or proper for t!e effi1ie(t &erfor%$(1e of !i# d'tie# under the order. b;+" Ke may i##'e #'3&oe($# $(d #'3&oe($# d'1e# te1'%, swear witnesses, and b;0" unless otherwise pro ided in the order of reference he may r'le '&o( t!e $d%i##i3ility of e4ide(1e. %he trial or hearing before him shall proceed in all respects as it would if held before the court &1ection ., Rule +.". c" 4ommissionerDs report; notice to the parties and hearing on the report 2Gpon the completion of the trial or hearing or proceeding before the commissioner, he shall file with the court his report in writing upon the matters submitted to him by the order of reference. When his powers $re (ot #&e1ified or li%ited, he shall #et fort! !i# fi(di()# of f$1t and 1o(1l'#io(# of l$" in his report. Ke shall attach thereto all e5hibits, affida its, depositions, papers and the transcript, if any, of the testimonial e idence presented before him &1ection -, Rule +." c;/" >otice to the parties 2Gpon the filing of the report, the parties shall be notified by the cler7, and they shall be allowed te( +,.0 d$y# "it!i( "!i1! to #i)(ify )ro'(d# of o3?e1tio(# to t!e fi(di()# of t!e re&ort, if they so desire. <bjections to the report based upon grounds which "ere $4$il$3le to t!e &$rtie# d'ri() t!e &ro1eedi()# 3efore t!e 1o%%i##io(er9 other than objections to the !indings and conclusions therein set !orth, #!$ll (ot 3e 1o(#idered 3y t!e 1o'rt '(le## t!ey "ere %$de 3efore t!e 1o%%i##io(er* &1ection /B, Rule ++" c;." Kearing on the report 2Gpon the e5piration of the period of ten &/B" days referred to in the preceding section, the report shall be set for hearing, after which the court shall issue an order adopting, modifying, or rejecting the report in whole or in part, or recommitting, it with instructions requiring the parties to present further e idence before the commissioner or the court 1ection //, Rule ++".

?+

+./0. De%'rrer to e4ide(1e &4i il" +./0./. Around +./0... (ffect of denial +./0.+. (ffect of grant +./0.0 Wai er of right to present e idence 2#fter the plaintiff has completed the presentation of his e idence, the defendant may mo e for dismissal o( t!e )ro'(d t!$t '&o( t!e f$1t# $(d t!e l$" t!e &l$i(tiff !$# #!o"( (o ri)!t to relief. If his %otio( i# de(ied, he shall ha e t!e ri)!t to &re#e(t e4ide(1e. If the motion &for dismissal" is )r$(ted but on appeal the order o! dismissal is re4er#ed he shall be deemed to !$4e "$i4ed t!e ri)!t to &re#e(t e4ide(1e &1ection /, Rule ++" (5plaining the consequence of a demurrer to e idence, the 4ourt in Jillanue a %ransit . $a ellana &++ 14R# ,==, ,@/;,@., $une +B, /-,B pronounced! 2%he rationale behind the rule and doctrine is simple and logical. %he defendant is permitted, without wai ing his right to offer e idence in the e ent that his motion is not granted, to mo e for a dismissal &i.e., demur to the plaintiffDs e idence" on the ground that upon the facts as thus established and the applicable law, the plaintiff has shown no right to relief. If the trial court denies the dismissal motion, i.e., finds that plaintiffDs e idence is sufficient for an award of judgment in the absence of contrary e idence, t!e 1$#e #till re%$i(# 3efore t!e tri$l 1o'rt "!i1! #!o'ld t!e( &ro1eed to !e$r $(d re1ei4e t!e defe(d$(tH# e4ide(1e #o t!$t $ll t!e f$1t# $(d e4ide(1e of t!e 1o(te(di() &$rtie# %$y 3e &ro&erly &l$1ed 3efore it for $d?'di1$tio( $# "ell $# 3efore t!e $&&ell$te 1o'rt#9 i( 1$#e of $&&e$l. >othing is lost. %he doctrine is but in line with the established procedural precepts in the conduct of trials that the trial court liberally recei e all proffered e idence at the trial to enable it to render its decision with all possibly rele ant proofs in the record, thus assuring that the appellate courts upon appeal ha e all the material before them necessary to ma7e a correct judgment, and a oiding the need of remanding the case for retrial or reception of improperly e5cluded e idence, with the possibility thereafter of still another appeal, with all the concomitant delays. T!e r'le9 !o"e4er9 i%&o#e# t!e 1o(ditio( 3y t!e #$%e to8e( t!$t if !i# de%'rrer i# )r$(ted by the trial court, and the order of di#%i##$l i# re4er#ed o( $&&e$l, the movant losses his right to present evidence in his behal! and he shall have been deemed to have elected to stand on the insu!!iciency o! plainti!!%s case and evidence. In such e ent, the appellate court which re erses the order of dismissal shall proceed to render judgment on the merits on the basis of plaintiffDs e idence. &Gnderscoring supplied".

?0

In other words, defendants who present a demurrer to the plaintiffDs e idence retain the right to present their own e idence, if the trial court disagrees with them; if the trial court agrees with them, but on appeal, the appellate court disagrees with both of them and re erses the dismissal order, the defendants lose the right to present their own e idence. T!e $&&ell$te 1o'rt #!$ll9 i( $dditio(9 re#ol4e t!e 1$#e $(d re(der ?'d)%e(t o( t!e %erit#9 i($#%'1! $# $ de%'rrer $i%# to di#1o'r$)e &rolo()ed liti)$tio(#. In the case at bar, the trial court, acting on respondentsD demurrer to e idence, dismissed the 4omplaint on the ground that the plaintiff had adduced mere hearsay e idence. Kowe er, on appeal, the appellate court re ersed the trial court because the genuineness and the due e5ecution of the disputed pieces of e idence had in fact been admitted by defendants. #pplying Rule ++, 1ection / of the /--, Rules of 4ourt, the 4# should ha e rendered judgment on the basis of the e idence submitted by the petitioner. While the appellate court correctly ruled that 2the documentary e idence submitted by the EpetitionerF should ha e been allowed and appreciated 555, and that 2the petitioner presented quite a number of documentary e5hibits 555 enumerated in the appealed order,E/?F we agree with petitioner that the 4# had sufficient e idence on record to decide the collection suit. # remand is not only frowned upon by the Rules, it is also logically unnecessary on the basis of the facts on record &R#DI<W(#8%K )I>#>4( 4<9*#>P, petitioner, s. 1pouses JI4(>%( and 9#. 1G9I8#>A D(8 R<1#RI<, respondents EA.R. >o. /+?,+-. $uly @, .BBBF +./0.= Demurrer to e idence in a criminal case s. demurrer to e idence in a ci il case Demurrer to e idence as pro ided in Se1tio( 279 R'le ,,- was discussed with 1ection ., Rule /.B : $udgment, when the 1upreme 4ourt pronounced in one case, as follows! %he quantum of e idence on the criminal aspect of the case is proof beyond reasonable doubt, while in the ci il aspect of the action, the quantum of e idence is preponderance of e idence. Gnder 1ection +, Rule / of the /--, Rules of 4riminal *rocedure, the said rules shall go ern the procedure to be obser ed in action, ci il or criminal. %he prosecution presents its e idence not only to pro e the guilt of the accused beyond reasonable doubt but also to pro e the ci il liability of the accused to the offended party. #fter the prosecution has rested its case, the accused shall adduce its e idence not only on the criminal but also on the ci il aspect of the case. #t the conclusion of the trial, the court should render judgment not only on the criminal aspect of ?=

the case but also on the ci il aspect thereof! 1(4. .. 4ontents of the judgment. : If the judgment is of 1o(4i1tio(, it shall state +,0 the legal qualification of the offense constituted by the acts committed by the accused and the aggra ating or mitigating circumstances which attended its commissionE +2" the participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact; +70 the penalty imposed upon the accused; and +B0 the ci il liability or damages caused by his wrongful act or omission to be reco ered from the accused by the offended party, if there is any, unless the enforcement of the ci il liability by a separate ci il action has been reser ed or wai ed. In case the judgment is of $1D'itt$l, it shall state whether the e idence of the prosecution $3#ol'tely f$iled to pro e the guilt of the accused or merely !ailed to prove his guilt beyond reasonable doubt. I( eit!er 1$#e9 t!e ?'d)%e(t #!$ll deter%i(e if t!e $1t or o%i##io( fro% "!i1! t!e 1i4il li$3ility %i)!t $ri#e did (ot e:i#t. %he acquittal of the accused doe# (ot &re4e(t $ ?'d)%e(t $)$i(#t !i% on the 1i4il $#&e1t of t!e 1$#e where +$0 the acquittal is based on reasonable doubt as only preponderance of e idence is requiredE +3" where the court declared that the liability of the accused is only ci il; +10 where the ci il liability of the accused does not arise from or is not based upon the crime of which the accused was acquitted. 9oreo er, the ci il action based on the delict is e5tinguished if there is a finding in the final judgment in the criminal action that the act or omission from which the ci il liability may arise did not e5ist or where the accused did not commit the acts or omission imputed to him. If the accused is $1D'itted o( re$#o($3le do'3t but the 1o'rt re(der# ?'d)%e(t o( t!e 1i4il $#&e1t of t!e 1ri%i($l 1$#e, the prosecution cannot appeal !rom the judgment o! acquittal as it ould place the accused in double jeopardy. Kowe er, the aggrie ed party, the offended party or the accused or both %$y $&&e$l fro% t!e ?'d)%e(t o( t!e 1i4il $#&e1t of t!e 1$#e "it!i( t!e &eriod t!erefor. #fter the prosecution has rested its case, the accused has the option either to &a" file a demurrer to e idence with or without lea e of court under 1ection .+, Rule //- of the Re ised Rules of 4riminal *rocedure, or to &b" adduce his e idence unless he wai es the same. %he aforecited rule reads! 1ec. .+. Demurrer to e idence. : #fter the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of e idence +,0 on it# o"( i(iti$ti4e after gi ing the prosecution the opportunity to be heard or &20 upon demurrer to e idence filed by the accused "it! or "it!o't lea e of court.

?@

If the 1o'rt de(ie# the demurrer to e idence filed "it! le$4e of 1o'rt, the $11'#ed %$y $dd'1e e4ide(1e i( !i# defe(#e. When the demurrer to e idence is filed "it!o't le$4e of 1o'rt, the accused "$i4e# !i# ri)!t to &re#e(t e4ide(1e and submits the case !or judgment on the basis o! the evidence !or the prosecution. %he motion for lea e of court to file demurrer to e idence shall specifically state its grounds and shall be filed within a non;e5tendible period of fi e &=" days after the prosecution rests its case. %he prosecution may oppose the motion within a non;e5tendible period of fi e &=" days from its receipt. If le$4e of 1o'rt i# )r$(ted, the accused shall file the demurrer to e idence within a non;e5tendible period of ten &/B" days from notice. %he prosecution may oppose the demurrer to e idence within a similar period from its receipt. %he order de(yi() t!e %otio( for le$4e of 1o'rt to file de%'rrer to e idence or the demurrer itsel! shall not be revie able by appeal or by certiorari be!ore the judgment. In 1ri%i($l 1$#e#, the demurrer to e idence parta7es of the ($t're of $ %otio( to di#%i## t!e 1$#e for f$il're of t!e &ro#e1'tio( to &ro4e !i# )'ilt 3eyo(d re$#o($3le do'3t. In a case where the accused files a demurrer to e idence ithout leave o! court, he thereby "$i4e# !i# ri)!t to &re#e(t e4ide(1e $(d #'3%it# t!e 1$#e for de1i#io( o( t!e 3$#i# of t!e e4ide(1e of t!e &ro#e1'tio(. <n the other hand, if the accused is )r$(ted le$4e to file $ de%'rrer to e4ide(1e, he has the ri)!t to $dd'1e e4ide(1e (ot o(ly o( t!e 1ri%i($l $#&e1t 3't $l#o o( t!e 1i4il $#&e1t of t!e 1$#e if !i# de%'rrer i# de(ied 3y t!e 1o'rt. If demurrer is granted and the accused is acquitted by the court, the $11'#ed !$# t!e ri)!t to $dd'1e e4ide(1e o( t!e 1i4il $#&e1t of t!e 1$#e '(le## t!e 1o'rt $l#o de1l$re# t!$t t!e $1t or o%i##io( fro% "!i1! t!e 1i4il li$3ility %$y $ri#e did (ot e:i#t. If the trial court issues an order or renders judgment (ot o(ly )r$(ti() t!e de%'rrer to e4ide(1e of t!e $11'#ed $(d $1D'itti() !i% 3't $l#o o( t!e 1i4il li$3ility of t!e $11'#ed to t!e &ri4$te offe(ded &$rty9 said judgment on the civil aspect o! the case ould be a nullity !or the reason that the constitutional right o! the accused to due process is thereby violated. &#>#9(R 1#8#I#R, petitioner, s. %K( *(<*8( <) %K( *KI8I**I>(1 and $.P. 'R<%K(R1 9#R3(%I>A 4<R*<R#%I<>, respondents EA.R. >o. /=/-+/. 1eptember .+, .BB+".

?,

+./=. <'d)%e(t# $(d fi($l order# +./=./. $udgment without trial It is basic that no man shall be affected by any proceeding to which he is a stranger, and strangers to a case are not bound by judgment rendered by the court. In the present case, respondents and their co;heirs are ad ersely affected by the judgment rendered by the trial court considering their ostensible ownership of the property. It will be the height of inequity to declare herein petitioners as owners of the disputed lot "it!o't )i4i() re#&o(de(t# t!e o&&ort'(ity to &re#e(t $(y e4ide(1e i( #'&&ort of t!eir 1l$i% t!$t t!e #'3?e1t &ro&erty #till for%# &$rt of t!e e#t$te of t!eir de1e$#ed &rede1e##or $(d i# t!e #'3?e1t of $ &e(di() $1tio( for &$rtitio( $%o() t!e 1o%&'l#ory !eir#. 9uch more, it is tantamount to a iolation of the constitutional guarantee that no person shall be depri ed of property without due process of law %his 4ourt held in 9etropolitan 'an7 and %rust 4ompany . #lejo &9etropolitan 'an7 M %rust 4ompany . #lejo, 0/, *hil. +B+, +/@ &.BB/" that! 2# oid judgment for want of jurisdiction is no judgment at all. It cannot be the source of any right nor the creator of any obligation. #ll acts performed pursuant to it and all claims emanating from it ha e no legal effect. Kence, it can ne er become final and any writ of e5ecution based on it is oid! 5 5 5 it may be said to be a lawless thing which can be treated as an outlaw and slain at sight, or ignored where er and whene er it e5hibits its head &1I9*8I4I< A#8I4I#, for himself, and as #ttorney;in;)act of R<1#8I# A. %<RR(, *#HGI%< A#8I4I#, >(88I( A#8I4I#, 8(%I4I#A. 9#(1%R< and 48#R< A#8I4I# . 8<GRD(1 9#>8IHG(I da.de 9I>D< and 8I8I# RI4< 9I>#><, A.R. >o. /==,?= #pril /+, .BB," +./=... 4ontents of a judgment 2# 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 cler7 of court &1ection /, Rule +@". +./=.+. $udgment on the pleadings 2Where an answer fails to tender an issue, or otherwise, admits material allegations of the ad erse partyDs pleading, the court, may, on motion of that party, direct judgment on such pleading. Kowe er, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be pro ed &1ection /, ??

Rule +0". +./=.0. 1ummary judgments $0 )or the claimant 2# party see7ing to reco er upon a claim, counterclaim, or cross;claim or to obtain a declaratory relief may9 $t $(y ti%e $fter t!e &le$di() i( $(#"er t!ereto !$# 3ee( #er4ed, mo ed with supporting affida its, depositions or admissions for a summary judgment in his fa or upon all or any part thereof &1ection /, Rule +=". 30 )or the defendant 2# party against whom a claim, counterclaim, or cross;claim is asserted or a declaratory relief is sought may, at any time, mo e with supporting affida its, depositions or admissions for a summary judgment in his fa or as to all or any part thereof &1ection ., Rule +=". 10 When the case not fully adjudicated 2If on motion under this Rule &summary judgments", judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, by e5amining the pleadings and the e idence before it and by interrogating counsel shall ascertain what material facts e5ist without substantial contro ersy and what are actually and in good faith contro erted. It shall thereupon ma7e an order specifying the facts that appear without substantial contro ersy, including the e5tent to which the amount of damages or other relief is not in contro ersy, and directing such further proceedings in the action as are just. %he facts so specified shall be deemed established, and the trial shall be conducted on the contro erted facts accordingly &1ection 0, Rule +=" d0 #ffida its and attachments 21upporting ad opposing affida its shall be made on personal 7nowledge, shall set forth such facts as would be admissible in e idence, and shall show affirmati ely that the affiant is competent to testify to the matters stated therein. 4ertified true copies of all papers or part thereof referred to in the affida it shall be attached thereto or ser ed therewith &1ection =, Rule +=". +./=.=. $udgment on the pleadings ersus summary judgments In a case for judgment on the pleadings, t!e A(#"er is such that (o i##'e i# r$i#ed $t $ll. %he essential question in such a case is whether there are issues generated by the pleadings. %his is the ?-

distinction between a proper case of summary judgment, compared to a proper case for judgment on the pleadings. We ha e e5plained this ital distinction in >arra Integrated 4orporation . 4ourt of #ppeals, &A.R. >o. /+,-/=, /= >o ember .BBB, +00 14R# ,?/, ,?@" thus! 2%he e5istence or appearance of ostensible issues in the pleadings, on the one hand, and their sham or fictitious character, on the other, are "!$t di#ti()'i#!e# $ &ro&er 1$#e for #'%%$ry ?'d)%e(t fro% o(e for $ ?'d)%e(t o( t!e &le$di()#. In a proper case for judgment on the pleadings, there is no ostensible issue at all because of the. failure of the defending partyDs answer to raise an issue. <n the other hand, in the case a of a summary judgment, issues apparently e5ist i.e. facts are asserted in the complaint regarding which there is as yet no admission, disa owal or qualification; or specific denials or affirmati e defenses are in truth set out in the answer but the issues thus arising from the pleadings are sham, fictitious or not genuine, as shown by affida its, depositions, or admissions. 21ummary judgment is a procedure aimed at weeding out sham claims or defenses at an early stage of the litigation. %he proper inquiry in this regard would be whether the affirmati e defenses offered by petitioners constitute genuine issues of fact requiring a full;blown trial. In a summary judgment, the crucial question is! are the issues raised by petitioners not genuine so as to justify a summary judgmentL # Wgenuine issueW means an issue of fact which calls for the presentation of e idence, as distinguished from an issue which is fictitious or contri ed, an issue that does not constitute a genuine issue for trial &W<<D %(4K><8<AP 4<R*<R#%I<>, 4KI %I9 4<RD<J# #>D R<'(R% %I<>A 3I>A P<G>A, petitioners, s. (HGI%#'8( '#>3I>A 4<R*<R#%I<>, Respondent, A.R. >o. /=+?@,, )ebruary /,, .BB=". +./=.@ Rendition of judgments and final orders 2# judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the cler7 of court &1ection /, Rule +@" +./=.,. (ntry of judgment and final order 2If no appeal or motion for new trial or reconsideration is filed within the time pro ided in these Rules, the judgment or final order shall forthwith be entered by the cler7 in the boo7 of entries of judgments. T!e d$te of fi($lity of t!e ?'d)%e(t or fi($l order #!$ll 3e dee%ed to 3e t!e d$te of it# e(try. %he record shall -B

contain the dispositi e part of the judgment or final order and shall be signed by the cler7, with a certificate that such judgment or final order has become final and e5ecutory &1ection ., Rule +@". +./@. *ost;judgment remedies &Rule +," +./@./. 9otion for new trial or reconsideration $" Arounds 30 When to file 2Within the period for ta7ing an appeal &2'n appeal may be ta+en ithin !i!teen .,2& days a!ter notice to the appellant o! the judgment or !inal order appealed !rom &1ection ., Rule 0B", the aggrie ed party may mo e the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party! &a" Graud9 $ccident, %ista7e or e5cusable negligence which ordinary prudence could not ha e guarded against and by reason of which such aggrie ed party has probably been impaired in his rights; or &b" Newly disco ered e idence, which he could not, with reasonable diligence, ha e disco ered and produced at the trial, and which if presented would probably alter the result. Within the same period, the aggrie ed party may also mo e for reconsideration upon the grounds that the d$%$)e# $"$rded $re e:1e##i4e9 that the e4ide(1e i# i(#'ffi1ie(t to justify the decision or final order, or that the decision or final order is contrary to law &1ection /, Rule +,". 10 Denial of the motion; effect 2#n order denying the motion for new trial or reconsideration i# (ot $&&e$l$3le9 the remedy being an appeal !rom the judgment or !inal order &1ection -, Rule +," d" Arant of the motion; effect 2If a new trial is granted in accordance with the pro isions of this Rule, t!e ori)i($l ?'d)%e(t or fi($l order #!$ll 3e 4$1$ted9 and the action shall stand for trial de no o; but the recorded e idence ta7en upon the former trial, in so far as the same is material and competent to establish the issues, shall be used at the new trial without reta7ing the same &1ection @, Rule +," f" Remedy when motion is denied, fre#! ,/5d$y &eriod -/

r'le*
Sec. 3. Period of ordinary appeal. The appeal shall be taken within fifteen (15) days from notice of the !d"ment or final order appealed from. #here a record on appeal is re$!ired% the appellant shall file a notice of appeal and a record on appeal within thirty (3&) days from notice of the !d"ment or final order. ' ' '. The period of appeal shall be interr!pted by a timely motion for new trial or reconsideration. (o motion for e'tension of time to file a motion for new trial or reconsideration shall be allowed. )n (eypes *. +o!rt of ,ppeals (5&- Phil. -&3% .&&5)% decided by this +o!rt on September 1/% .&&5% we r!led that to standardi0e the appeal periods pro*ided in the 1!les of +o!rt and to afford liti"ants a fair opport!nity to appeal their cases% the Court deems it practical to allow a fresh period of fifteen (15) days within which to file the notice of appeal in the RTC, counted from receipt of the order dismissing a motion for new trial or motion for reconsideration. Said "fresh period rule" also aims to regiment or ma e the appeal period uniform. !t eradicates the confusion as to when the fifteen (15)"day appeal period should #e counted $ from receipt of notice of %udgment or from receipt of notice of final order appealed from. Th!s% in similar cases decided by this +o!rt after (eypes% the fresh period rule was applied, there#y allowing appellants who !$d filed with the trial court a motion for reconsideration the full fifteen (15)"day period from receipt of the resolution resol&ing the motion within which to file a notice of appeal. ,mon" these cases is S!miran *. 2amaso% wherein we reiterated o!r r!lin" in 3akati )ns!rance +o.% )nc. *. 1eyes and 2e 4os Santos *. 5da. de 3an"!bat to e'plain that the r!le can be applied to actions pendin" !pon its effecti*ity6 ,s early as .&&5% the +o!rt cate"orically declared in (eypes *. +o!rt of ,ppeals that by *irt!e of the power of the S!preme +o!rt to amend% repeal and create new proced!ral r!les in all co!rts% the Court is allowing a fresh period of 15 days within which to file a notice of appeal in the RTC, counted from receipt of the order dismissing or denying a motion for new trial or motion for reconsideration. This would standardi'e the appeal periods pro&ided in the Rules and do away with the confusion as to when the 15"day appeal period should #e counted. ' ' ' '''' The fore"oin" r!lin" of the +o!rt was reiterated in 3akati )ns!rance +o.% )nc. *. 1eyes% to wit6 7Propitio!s to petitioner is (eypes *. +o!rt of ,ppeals% prom!l"ated on 1/ September .&&5 while the present Petition was already before !s. ' ' ' '''' #ith the ad*ent of the 7fresh period rule," parties who a&ailed themsel&es of the remedy of motion for reconsideration are now allowed to file a notice of appeal within fifteen days from the denial of that motion. '''' )n 2e los Santos *. 5da. de 3an"!bat% we applied the same principle of 7fresh period r!le7% e'post!latin" that proced!ral law refers to the ad ecti*e law which

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prescribes r!les and forms of proced!re in order that co!rts may be able to administer !stice. Proced!ral laws do not come within the le"al conception of a retroacti*e law% or the "eneral r!le a"ainst the retroacti*e application of stat!tes. The 7fresh period r!le7 is irrefra"ably proced!ral% prescribin" the manner in which the appropriate period for appeal is to be comp!ted or determined and% therefore% can be made applicable to actions pendin" !pon its effecti*ity% s!ch as the present case% witho!t dan"er of *iolatin" anyone else8s ri"hts.7 The retroacti*ity of the (eypes r!lin" was f!rther e'plained in o!r 1esol!tion dated 9!ne .5% .&&: in ;il<=state Properties% )nc. *. >omena<5alencia% wherein we held6 The determinati*e iss!e is whether the 7fresh period7 r!le anno!nced in (eypes co!ld retroacti*ely apply in cases where the period for appeal had lapsed prior to 1/ September .&&5 when (eypes was prom!l"ated. That $!estion may be answered with the "!idance of the "eneral r!le that procedural laws may #e gi&en retroacti&e effect to actions pending and undetermined at the time of their passage, there #eing no &ested rights in the rules of procedure. ,mendments to proced!ral r!les are proced!ral or remedial in character as they do not create new or remo*e *ested ri"hts% b!t only operate in f!rtherance of the remedy or confirmation of ri"hts already e'istin". Sps. 2e los Santos reaffirms these principles and cate"orically warrants that (eypes bears the $!ested retroacti*e effect? (S(!C) !*+(STR!,- C)R.., and S.)(S/S /S0/R,-+) and /-!1,2/T3 S(!C), Petitioners% *s. 3)*. 0,R!-4* -,5(R,"4,., .residing 6udge of Regional Trial Court of 0andaue City, 2ranch 789 .R!:,T/ +/:/-).0/*T C)R.. ); T3/ .3!-!S. (.+C. now ;irst /"2an )9 and ,*T)*!) ,5R) +/:/-).0/*T C)R.)R,T!)*, 1espondents 5.R. *o. 1<<<11 Septem#er 5, 7=17)

+./@... #ppeals in general $" $udgments and final orders subject to appeal 2#n appeal may be ta7en from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable &/st par. 1ection /, Rule 0/" 3" 9atters not appealable 2>o appeal may be ta7en from! &a" #n order denying a motion for new trial or reconsideration; &b" #n order denying a petition for relief or any similar motion see7ing relief from judgment; &c" #n interlocutory order &d" #n order disallowing or dismissing an appeal; &e" #n order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mista7e or duress or any other ground itiating consent; &f" #n order of e5ecution; &g" # judgment or final order for or against one or more of se eral parties or in separate claims, counter;claims, cross;claims and third party complaints, while the main case is pending, unless thye -+

court allows an appeal therefrom; and &h" #n order dismissing an action without prejudice &.nd par. 1ection /, Rule 0/" 10 Remedy against judgments and orders which are not appealable In all the abo e instances & &a" to &h" " where the judgment or final order is not appealable, t!e $))rie4ed &$rty %$y fi($l $( $&&ro&ri$te #&e1i$l 1i4il $1tio( '(der R'le A/* &+rd par. 1ection /, Rule 0/" d" 9odes of appeal i. Ordi($ry $&&e$l 2%he appeal to the 4ourt of #ppeals in cases decided by the Regional %rial 4ourt in the e5ercise of its original jurisdiction shall be ta7en 3y fili() $ (oti1e of $&&e$l "it! t!e 1o'rt "!i1! re(dered t!e ?'d)%e(t or fi($l order $&&e$led fro% $(d #er4i() $ 1o&y t!ereof '&o( t!e $d4er#e &$rty. No re1ord o( $&&e$l shall be required e5cept in special proceedings and other cases o! multiple or separate appeals here the la or these )ules so require. In such cases, t!e re1ord o( $&&e$l #!$ll 3e filed $(d #er4ed i( li8e %$((er &1ection . &a", Rule 0/" ii. Petitio( for re4ie" 2%he appeal to the 4ourt of #ppeals in cases decided by the Regional %rial 4ourt i( t!e e:er1i#e of it# $&&ell$te ?'ri#di1tio( shall be by petition for re iew in accordance with R'le B2* &*etition for Re iew from the Regional %rial 4ourts to the 4ourt of #ppeals". iii. Petitio( for re4ie" o( 1ertior$ri 2In all cases where only D'e#tio(# of l$" $re r$i#ed or i(4ol4ed9 t!e $&&e$l #!$ll 3e to t!e S'&re%e Co'rt by petition for re iew on certiorari in accordance with Rule 0= e" Issues to be raised on appeal 2#s a rule, no question will be entertained on appeal unless it has been raised in the court below. Poi(t# of l$"9 t!eorie#9 i##'e# $(d $r)'%e(t# (ot 3ro')!t to t!e $tte(tio( of t!e lo"er 1o'rt (eed (ot 3e9 $(d ordi($rily "ill (ot 3e9 1o(#idered 3y $ re4ie"i() 1o'rt9 $# t!ey 1$((ot 3e r$i#ed for t!e fir#t ti%e $t t!$t l$te #t$)e. 'asic considerations of due process impel this rule &(8#I>( #. D(8 R<1#RI<, petitioner, s. 9(8I>D# ). '<>A#, respondent, A.R. >o. /+@+B? $anuary .+, .BB/". f" *eriod of appeal

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2#n appeal may be ta7en within fifteen &/=" days after notice to the appellant of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty &+B" days after notice of the judgment or final order. 2%he period of appeal shall be interrupted by a timely motion for new trial or reconsideration. >o motion for e5tension of time to file a motion for new trial or reconsideration shall be allowed &1ection ., Rule 0B" 4omment! >oteworthy to mention is the abo e discussed 2fresh period of fifteen &/=" days rule period as decided in >eypes . 4ourt of #ppeals &=B@ *hil. @B+, .BB=". )" *erfection of appeal 2# partyDs appeal 3y (oti1e of $&&e$l i# dee%ed &erfe1ted as to him '&o( t!e fili() of t!e (oti1e of $&&e$l i( d'e ti%e. 2# partyDs appeal 3y re1ord o( $&&e$l is deemed &erfe1ted as to him with respect to the subject matter thereof '&o( t!e $&&ro4$l of t!e re1ord o( $&&e$l filed in due time. 2In appeals 3y (oti1e of $&&e$l, the court loses jurisdiction o er the case '&o( t!e &erfe1tio( of t!e $&&e$l# filed i( d'e ti%e and the e:&ir$tio( of t!e ti%e to $&&e$l of the other parties. 2In appeals 3y re1ord o( $&&e$l, the court loses jurisdiction only o er the subject matter thereof '&o( t!e $&&ro4$l of t!e re1ord# o( $&&e$l filed in due time and the e5piration of the time to appeal of the other parties. 2In either case, prior to the transmittal of the ori)i($l re1ord or t!e re1ord o( $&&e$l, the court may issue orders for the protection and preser ation of the rights of the parties which do not in ol e any matter litigated by the appeal, appro e compromises, permit appeals of indigent litigants, order e5ecution pending appeal in accordance with 1ection . of Rule +-, and allow withdrawal of the appeal &1ection -, Rule 0/". !" #ppeal from judgments or final order of the 9%4 2#n appeal from a judgment or final order of a 9unicipal %rial 4ourt may be ta7en to the Regional %rial 4ourt e5ercising jurisdiction o er the area to which the former pertains. %he title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the ad erse party as the appellee &1ection /, Rule 0B".

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i0 #ppeal from judgments or final orders of the R%4 2#n appeal may be ta7en from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable &1ection /, Rule 0/". 2# party desiring to appeal from a decision of the Regional %rial 4ourt re(dered i( t!e e:er1i#e of it# $&&ell$te ?'ri#di1tio( may file $ 4erified &etitio( for re4ie" with the 4ourt of #ppeals, paying at the same time to the cler7 of said court the corresponding doc7et and other lawful fees, depositing the amount of *h =BB.BB for costs, and f'r(i#!i() t!e Re)io($l Tri$l Co'rt $(d t!e $d4er#e &$rty "it! $ 1o&y of t!e &etitio(. %he petition shall be filed and ser ed within fifteen &/=" days !rom notice o! the decision sought to be revie ed or o! the denial o! petitioner%s motion !or ne trial or reconsideration !iled in due time a!ter judgment. Gpon proper motion and the payment of the full amount of the doc7et and other lawful fees and the deposit for costs before the e5piration of the reglamentary period, the 4ourt of #ppeals may grant an additional period of fifteen &/=" days only within which to file the petition for re iew. >o further e5tension shall be granted e5cept for the most compelling reason and in no case to e5ceed fifteen &/=" days &1ection /, Rule 0.". ?0 #ppeal from judgments or final order of the 4ourt of #ppeals 2In all cases appealed to the 4ourt of #ppeals under Rule 0/, the title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the ad erse party as the appellee &1ection /, Rule 00" 8" #ppeal from judgments or final orders of the 4ourt of %a5 #ppeals &1ection +, Rule 0+" l0 Re iew of final judgments or final order of the 4<9(8(4 2%his Rule shall go ern the re iew of judgments and final orders or resolutions of the 4ommission on (lections and the 4ommission on #udit &1ection /, Rule @0". 2# judgment or final order or resolution of the 4ommission on (lections and the 4ommission on #udit may be brought by the aggrie ed party to the 1upreme 4ourt on certiorari under Rule @=, e5cept as hereinafter pro ided. &1ection ., Rule @0" m" Re iew of final judgments or final orders of the 4omelec, <mbudsman and >8R4, quasi;judicial agencies with the 4#. +./@.+. Relief from judgments, orders and other proceedings

-@

$0 Arounds for a ailing the remedy 2When a judgment or final order is entered, or any other proceeding is thereafter ta7en against a party in any court through fr$'d9 $11ide(t9 %i#t$8e9 or e:1'#$3le (e)li)e(1e, he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside &1ection /, Rule +?". 30 %ime to file petition 1" 4ontents of petition; necessity of erification 2# petition pro ided for in either of the preceding sections of this Rule %'#t 3e 4erified, filed within si5ty &@B" days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more than si5 &@" months after such judgment or final order was entered, or such proceeding was ta7en; and must be accompanied with affida its showing the fraud, accident, mista7e, or e5cusable negligence relied upon, and the facts constituting the petitionerDs good and substantial cause of action or defense, as the case may be &1ection +, Rule +?". +./@.0. #nnulment of judgments or final orders and resolutions &#nnulment tas7 pro ided under Rule 0, to 4# o er R%4 ci il actions for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer a ailable through no fault of the petitioner" +./@.0. a" Arounds for annulment 2%he annulment may be based only on the grounds of e:tri(#i1 fr$'d, and l$18 of ?'ri#di1tio( 2 (5trinsic fraud shall not be a alid ground if it was a ailed of, or could ha e been a ailed of, in a motion for new trial or petition for relief &1ection ., Rule 0,". 2# *etition for #nnulment of $udgment under Rule 0, of the Rules of 4ourt is a remedy granted only under e5ceptional circumstances where a party, without fault on his part, has failed to a ail of the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies. 1aid rule e5plicitly pro ides that it i# (ot $4$il$3le $# $ #'3#tit'te for $ re%edy "!i1! "$# lo#t d'e to t!e &$rtyH# o"( (e)le1t i( &ro%&tly $4$ili() of t!e #$%e. 2%he underlying reason is traceable to the notion that annulling final judgments goes against the grain of finality of judgment. 8itigation must end and terminate sometime and somewhere, and it is essential to an effecti e administration of justice that once a judgment has become final, the issue or cause in ol ed therein should be laid to own neglect in promptly a ailing of the same. 2%he underlying reason is traceable to the notion that annulling final judgments goes against the grain of finality of judgment. 8itigation must end and terminate -,

sometime and somewhere, and it is essential to an effecti e administration of justice that once a judgment has become final, the issue or cause in ol ed therein should be laid to rest. & Ramos . $udge 4ombong, $r., =/B *hil. .,,, .?/;.?. &.BB=". Note: While under 1ection ., Rule 0, of the Rules of 4ourt a *etition for #nnulment of $udgment %$y 3e 3$#ed o(ly o( t!e )ro'(d# of e:tri(#i1 fr$'d $(d l$18 of ?'ri#di1tio(9 jurisprudence recogni(es lack of due process as additional ground to annul a judgment +See I(te#t$te E#t$te of t!e L$te Ni%f$ Si$( 4. P!ili&&i(e N$tio($l B$(89 G.R. No. ,A===29 <$('$ry 7,9 2..>9 /,7 SCRA AA29 AA>5AA=0. In #rcelona . 4ourt of #ppeals, this 4ourt declared that a fi($l $(d e:e1'tory ?'d)%e(t %$y #till 3e #et $#ide if9 '&o( %ere i(#&e1tio( t!ereof9 it# &$te(t ('llity 1$( 3e #!o"( for !$4i() 3ee( i##'ed "it!o't ?'ri#di1tio( or for l$18 of d'e &ro1e## of l$" &+0= *hil. .=B, .@0 &/--,", citing 1antiago . 4eni6a, //= *hil. 0-+, 0-=; 0-@ &/-@."; 9ercado . Gbay, A.R. >o. +=?+B, $uly .0, /--B, /?, 14R# ,/-, ,.=; and Regidor . 4ourt of #ppeals, A.R. >o. ,?//=, 9arch =, /--+, ./- 14R# =+B, =+0". In a petition for annulment of judgment, the judgment may be annulled on the grounds of e:tri(#i1 fr$'d $(d l$18 of ?'ri#di1tio(. W!e( i# fr$'d e:tri(#i1F Ho" doe# it differ fro% l$18 of ?'ri#di1tio(F 2)raud is e5trinsic where it pre ents a party from ha ing a trial or from presenting his entire case to the court, or where it operates upon matters pertaining not to the judgment itself but to the manner in which it is procured &#laban . 4ourt of #ppeals, =B, *hil. @?. &.BB=". %he o erriding consideration when e5trinsic fraud is alleged is that the fraudulent scheme of the pre ailing litigant pre ented a party from ha ing his day in court &4arillo . 4ourt of #ppeals, A.R. >o. /.//@=, .@ 1eptember .BB@, =B+ 14R# @@; #laban . 4ourt of #ppeals, supra" <n the other hand, lac7 of jurisdiction refers to either lac7 of jurisdiction o er the person of the defending party or o er the subject matter of the claim, and in either case the judgment or final order and resolution are oid &>ational Kousing #uthority . ( angelista, 0-, *hil. ,@. &.BB="; 4apacete . 'aroro, 0=+ *hil. +-. &.BB+". Where the questioned judgment is annulled, either on the ground of e5trinsic fraud or lac7 of jurisdiction, the same shall be set aside and considered oid &Rules of 4ourt, Rule 0,, 1ec. ,.".

b" *eriod to file action

-?

2If based on e5trinsic fraud, the action must be filed within four &0" years from its disco ery; and if based on lac7 of jurisdiction, before it is barred by laches or estoppel &1ection +, Rule 0,". c" (ffects of judgment of annulment 2# judgment of annulment shall #et $#ide t!e D'e#tio(ed ?'d)%e(t or final order or resolution $(d re(der t!e #$%e ('ll $(d 4oid9 without prejudice to the original action being refiled in the proper court. Kowe er, where the judgment or final order or resolution is set aside o( t!e )ro'(d of e:tri(#i1 fr$'d, the court may on motion order the trial court to try the case as if timely motion for new trial had been granted* &1ection ,, Rule 0,". +./@.=. 4ollateral attac7 of judgments 2 # collateral attac7 is made when, in another action to obtain a different relief, an attac7 on the judgment is made as an incident in said action. %his is proper only when the judgment on its face is null and oid, as where it is patent that the court, which rendered said judgment has no jurisdiction. #n action is deemed an attac7 on a title when the object of the action or proceeding is to nullify the title, and thus challenge the judgment pursuant to which the title was decreed.E,F %he attac7 is direct when the object of the action is to annul or set aside such judgment, or enjoin its enforcement.E?F <n the other hand, the $tt$18 i# i(dire1t or 1oll$ter$l when, in an action to obtain a different relief, an attac7 on the judgment is ne ertheless made as an incident thereof &1*<G1(1 #9#>4I< and 8GI1# 1#R9I(>%< and *(DR< <A1I>(R, * e t i t i o n e r ; ersus ;%K( K<>. 4<GR% <) #**(#81 &1pecial )ormer )ifth Di ision", R<D(#>># R(#8%P 4<R*<R#%I<>, %K( K(IR1 <) 4#R8<1 9<R#> 1I1<>, *R<JI>4I#8 1K(RI)) <) *#1IA, 9.9., 9G>I4I*#8 &4I%P" %R(#1GR(R <) 9#RI3I>#, $<1( ). *GI<>, %K( K<>. ()I4I< #4<1%#, R(AI<>#8 %RI#8 4<GR% <) *#1IA 4I%P, 'R#>4K /== and R(AI1%(R <) D((D1 <) 9#RI3I># &4I%P", RII#8, Respondents, A.R. >o. /=.@., 1eptember /@, .BB=B". +./,. (5ecution, satisfaction and effect of judgments 2(5ecution shall issue $# $ %$tter of ri)!t, on motion, upon a judgment or order that disposes of the action or proceeding upon the e5piration of the period to appeal therefrom if no appeal has been duly perfected. 2If the appeal has been duly perfected and finally resol ed, the e5ecution may forthwith be applied for in the court of origin, on motion of the judgment oblige, 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 ad erse party. 2%he 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 e5ecution &1ection /, Rule +-". +./,./. Difference between finality of judgment for purposes of appeal; for purposes of e5ecution 2%he foremost question that should be determined is whether the 4# Decision has indeed attained finality. %he importance of the doctrine of finality of judgment cannot be gainsaid. In *asiona, $r. . 4ourt of #ppeals &A.R. >o. /@=0,/, /+,, $uly ./, .BB?, ==- 14R# /+," the 4ourt emphasi6ed the oft;repeated ruling, thus! 2 With the full 7nowledge that courts are not infallible, the litigants submit their respecti e claims for judgment, and they ha e a right at some time or other to ha e final judgment on which they can rely as a final disposition of the issue submitted, and to 7now that there is an end to the litigation. %his doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice. In fact, nothing is more settled in law than that once a judgment $tt$i(# fi($lity it t!ere3y 3e1o%e# i%%'t$3le $(d '($lter$3le. It may no longer be modified in any respect, e en if the modification is meant to correct what is percei ed 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. %he finality of decision is a jurisdictional e ent which cannot be made to depend on the con enience of the party. %o rule otherwise would completely negate the purpose of the rule on completeness of ser ice, which is to place the date of receipt of pleadings, judgment and processes beyond the power of the party being ser ed to determine at his pleasure. It should be borne in mind that the right of the winning party to enjoy the finality of the resolution of the case is also an essential part of public policy and the orderly administration of justice. Kence, such right is just as weighty or equally important as the right of the losing party to appeal or see7 reconsideration within the prescribed period &#RR# R(#8%P 4<R*<R#%I<>, 4#R8<1 D. #RAG(88(1 and R(9(DI<1 D( 8# R#9#;#RAG(88(1, *etitioners, s. *#4(1 I>DG1%RI#8 4<R*<R#%I<>, Respondent, A.R. >o. /@-,@/ December /, .B/B". )inality of judgment for purposes of e5ecution is best e5plained in the case of Republic . %ango &A.R. >o. /@/B@., $uly +/, .BB-, =-0 /BB

14R# =@B, =@?" thus! 2Deeply ingrained in our jurisprudence is the principle that $ de1i#io( t!$t !$# $1D'ired fi($lity 3e1o%e# i%%'t$3le $(d '($lter$3le. #s such, it may no longer be modified in any respect e en if the modification is meant to correct erroneous conclusions of fact or law and whether it will be made by the court that rendered it or by the highest court of the land. 2%he doctrine of finality of judgment is grounded on the fundamental principle of public policy and sound practice that, at the ris7 of occasional error, the judgment of courts and the award of quasi;judicial agencies must become final on some definite date fi5ed by law. %he only e5ceptions to the general rule are the correction of clerical errors, the so;called nunc pro tunc entries which cause no prejudice to any party, oid judgments, and whene er circumstances transpire after the finality of the decision which render its e5ecution unjust and inequitable. >one of the e5ceptions obtains here to merit the re iew sought & 3G3#> I>%(R>#%I<>#8 4<R*<R#%I<>, *etitioner, s. K<>. #9<R R(P(1, in her capacity as *residing $udge of the Regional %rial 4ourt of 9anila, 'ranch ./, and R<9(< 9. 9<R#8(1, doing business under the name and style WR9 9orales %rophies and *laques,W Respondents, A.R. >o. /?.,.1eptember .-, .B/B". +./,... When e5ecution shall issue a" (5ecution $# $ %$tter of ri)!t 2In *amintuan . 9uUo6 &.. 14R# ////;///.", We ruled that once a judgment becomes final and e5ecutory, the pre ailing party can ha e it e5ecuted as a matter of right, and the judgment debtor need not be gi en ad ance notice of the application for e5ecution. 2#lso of the same stature is the rule that once a judgment becomes final and e5ecutory, the pre ailing party can ha e it e5ecuted as a matter of right and the granting of e5ecution becomes a ministerial duty of the court. <therwise stated, once sought by the pre ailing party, e5ecution of a final judgment will just follow as a matter of course. Kence, the judgment debtor need not be gi en ad ance notice of the application for e5ecution nor he afforded prior hearing &)#R (#1%(R> 1GR(%P M I>1GR#>4( 4<9*#>P, I>4., plaintiff; appellee, s. JIRAI>I# D. JD#. D( K(R>#>D(I, $<1( #'(8, JI4(>%( 1#>%<1 and 9#%I#1 4<1%(8<, defendants. JIRAI>I# D. JD#. D( K(R>#>D(I, defendant;appellant, A.R. >o. 8;+B+=- <ctober +, /-,=" b" 2Di#1retio($ry e5ecution

/B/

&a" (5ecution of a judgment or a final order pending appeal. ; <n 9otion of the pre ailing party with notice to the ad erse party filed in the trial court while it has jurisdiction o er the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order e5ecution of a judgment or final order e en before the e5piration of the period of appeal. 2#fter the trial court has lost jurisdiction, the motion for e5ecution pending appeal may be filed in the appellate court. 2Discretionary e5ecution may only issue upon good reasons to be stated in a special order after due hearing. &b" (5ecution of se eral, separate or partial judgments : # se eral, separate or partial judgment may be e5ecuted under the same terms and conditions as e5ecution of judgment or final order pending appeal &1ection ., Rule +-". (5ecution pending appeal or immediate e5ecution, which is now called discretionary e5ecution under Rule +-, 1ection .&a", /--, Rules of 4i il *rocedure, as amended, is allowed pending appeal of a judgment or final order of the trial court, upon good reasons to be stated in a special order after due hearing..@ 1ection . &a" of Rule +e5pressly states! 1(4. .. Discretionary e5ecution. : &a" (5ecution of a judgment or a final order pending appeal. : <n motion of the pre ailing party with notice to the ad erse party filed in the trial court while it has jurisdiction o er the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order e5ecution of a judgment or final order e en before the e5piration of the period to appeal. #fter the trial court has lost jurisdiction, the motion for e5ecution pending appeal may be filed i( t!e $&&ell$te 1o'rt. Discretionary e5ecution may only issue upon good reasons to be stated in a special order after due hearing &1ection ., Rule +-" 2It is clear from the caption of the pro ision that discretionary e5ecution is allowed only when the period to appeal has commenced but before the trial court loses jurisdiction o er the case. %he period to appeal where a motion for reconsideration has been filed as in the instant case commences only upon the receipt of a copy of the order disposing of the motion for reconsideration. %he pendency of a motion for reconsideration, therefore, pre ents the running of the period to appeal. /B.

2In the instant case, petitioner filed a motion for reconsideration of the R%4 decision. %he records of the case show that the motion had not been acted upon by the R%4 before it ruled on the motion for e5ecution Wpending appeal.W %hat being the case, the pendency of the motion for reconsideration has pre ented the period to appeal from e en commencing. %he period within which a party may mo e for an e5ecution pending appeal of the trial courtDs decision has not yet also started. 2Where there is a pending motion for reconsideration of the R%4 decision, $( order e:e1'tio( &e(di() $&&e$l i# i%&ro&er $(d &re%$t're. %he pendency of the motion for reconsideration legally precludes e5ecution of the R%4 decision because the motion ser es as the mo antDs ehicle to point out the findings and conclusions of the decision which, in his iew, are not supported by law or the e idence &1ee 9auricio . >ational 8abor Relations 4ommission, A.R. >o. /@0@+=, /, >o ember .BB=" and, therefore, gi es the trial judge the occasion to re erse himself. In the e ent that the trial judge finds the motion for reconsideration meritorious, he can of course re erse the decision &$* 8#%(S %(4K><8<AP, I>4., *etitioner, s. '#88<>1 AR#>A(R '#88<<>1, I>4. #>D 4KRI1%<1 1#>%<RI>(<1, %K( <))I4( <) %K( 48(R3 <) 4<GR% #>D (S;<))I4I< 1K(RI)) <) 'IX#>, 8#AG>#, %#%1GP# <AI>< #>D 3#%1G9I W#%#>#'(, Respondents, A.R. >o. /,,/./ 9arch /@, .BB-". b;/" 1tay of discretionary e5ecution : Discretionary e5ecution issued under the preceding section may be stayed upon appro al by the proper court of $ #'ffi1ie(t #'&er#e$de# 3o(d filed 3y t!e &$rty $)$i(#t "!o% it i# dire1ted9 1o(ditio(ed '&o( t!e &erfor%$(1e of t!e ?'d)%e(t or order $llo"ed to 3e e:e1'ted i( 1$#e it #!$ll 3e fi($lly #'#t$i(ed i( "!ore or i( &$rt. %he bond thus gi en may be proceeded against on motion with notice to the surety &1ection +, Rule +-". +./,.+. Kow a judgment is e5ecuted a" (5ecution 3y %otio( or i(de&e(de(t $1tio( 2# final and e5ecutory judgment or order may be e5ecuted o( %otio( ithin !ive .2& years from the date of its entry. #fter the lapse of such time, and before it is barred by the statute of limitations9 a judgment may be e(for1ed 3y $1tio(. %he re i ed judgment may also be enforced by motion within fi e &=" years from the date of its entry and thereafter by action before it is barred by the statute of limitations &1ection @, Rule +-". b" Issuance and contents of a writ of e5ecution

/B+

2%he writ of e5ecution shall! &/" issue in the name of the Republic of the *hilippines from the court which granted the motion; &." state the name of the court, the case number and title, the dispositi e part of the subject judgment or order; and &+" reD'ire the sheriff or other proper officer to whom it is directed to e(for1e t!e "rit according to its terms, i( t!e %$((er hereinafter pro ided! &a" If the e5ecution 3e $)$i(#t t!e &ro&erty of the judgment obligor, to satisfy the judgment, with interest, o't of t!e re$l or &er#o($l &ro&erty of #'1! ?'d)%e(t o3li)orE &b" If it be against re$l or &er#o($l &ro&erty i( t!e !$(d# of &er#o($l re&re#e(t$ti4e#9 heirs, de isees, legatees, tenants, or trustees of the judgment obligor, to satisfy judgment, with interest9 o't of #'1! &ro&erty; &c" If it be for t!e #$le of re$l or &er#o($l &ro&erty, to #ell #'1! &ro&erty9 describing it, and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of e5ecution; &d" If it be for the deli4ery of t!e &o##e##io( of re$l or &er#o($l &ro&erty9 to deli4er t!e &o##e##io( of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits co ered by the judgment out of the personal &e" property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property; and &f" I( $ll 1$#e#, the writ of e5ecution shall specifically state the amount of the interest, costs, damages rents, or profits due as of the date of the issuance of the writ, aside from the principal obligation under the judgment. )or this purposes, the motion for e5ecution shall specify the amounts of the foregoing reliefs sought by the mo ant &1ection ?, Rule +-" c" E:e1'tio( of ?'d)%e(t# for %o(ey 2&a" Immediate payment on demand. : %he officer shall enforce an e5ecution of a judgment for money 3y de%$(di() fro% t!e ?'d)%e(t o3li)or t!e i%%edi$te &$y%e(t of t!e f'll $%o'(t #t$ted i( t!e "rit of e:e1'tio( $(d $ll l$"f'l fee#. %he judgment obligor shall pay in cash, certified ban7 chec7 payable to the judgment oblige, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment oblige or is authori6ed representati e if present at the time of payment. %he lawful fees shall be handed under proper receipt to the e5ecuting sheriff who shall turn o er the said amount within the same day to the cler7 of court of the court /B0

that issued the writ. 2If the judgments obligee or his authori6ed representati e is not present to recei e payment, the judgment obligor shall deli er the aforesaid payment to the e5ecuting sheriff. %he latter shall turn o er all the amounts coming into his possession within the same day to the cler7 of court of the court that issued the writ, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest go ernment depository ban7 of the Regional %rial 4ourt of the locality 5 5 5 &1ection -, Rule +-". c" (5ecution of judgments for specific acts (5ecution of judgments for specific act. N &a" Co(4ey$(1e9 deli4ery of deed#9 or ot!er #&e1ifi1 $1t#E 4e#ti() title. N If a judgment directs a party to e5ecute a con eyance of land or personal property, or to deli er deeds or other documents, or to perform, any other specific act in connection therewith, and the party fails to comply within the time specified, t!e 1o'rt %$y dire1t t!e $1t to 3e do(e $t t!e 1o#t of t!e di#o3edie(t &$rty 3y #o%e ot!er &er#o( $&&oi(ted 3y t!e 1o'rt $(d t!e $1t "!e( #o do(e #!$ll !$4e li8e effe1t $# if do(e 3y t!e &$rty. If real or personal property is situated within the *hilippines, the court in lieu of directing a con eyance thereof may by an order di est the title of any party and est it in others, which shall ha e the force and effect of a con eyance e5ecuted in due form of law. &b0 S$le of re$l or &er#o($l &ro&erty. N If the judgment be for the sale of real or personal property9 to #ell #'1! &ro&erty, describing it, and apply the proceeds in conformity with the judgment. &c" Deli4ery or re#tit'tio( of re$l &ro&erty. N %he officer shall demand of the person against whom the judgment for the deli ery or restitution of real property is rendered and all persons claiming rights under him to &e$1e$3ly 4$1$te t!e &ro&erty "it!i( t!ree +70 "or8i() d$y#9 $(d re#tore &o##e##io( t!ereof to t!e ?'d)%e(t o3li)ee9 otherwise, the officer #!$ll o'#t $ll #'1! &er#o(# t!erefro% "it! t!e $##i#t$(1e9 if (e1e##$ry9 of $&&ro&ri$te &e$1e offi1er#9 and employing such means as may be reasonably necessary to reta7e possession, and place the judgment obligee in possession of such property. A(y 1o#t#9 d$%$)e#9 re(t# or &rofit# $"$rded 3y t!e ?'d)%e(t #!$ll 3e #$ti#fied i( t!e #$%e %$((er $# $ ?'d)%e(t for %o(ey.

&d" Re%o4$l of i%&ro4e%e(t# o( &ro&erty #'3?e1t of e:e1'tio(. /B=

N When the property subject of the e5ecution contains impro ements constructed or planted by the judgment obligor or his agent, the officer #!$ll (ot de#troy, demolish or remo e said impro ements e:1e&t '&o( #&e1i$l order of t!e 1o'rt, issued upon motion of the judgment obligee after the hearing and $fter t!e for%er !$# f$iled to remo e the same within a reasonable time fi5ed by the court. &e" Deli4ery of &er#o($l &ro&erty. N In judgment for the deli ery of personal property, the officer shall t$8e &o##e##io( of the same and forthwith deli4er it to t!e &$rty e(titled t!ereto and satisfy any judgment for money as therein pro ided &1ection /B, Rule +-". e" (5ecution of special judgments 2When a judgment requires the performance of any act other than those mentioned in the two preceding sections, $ 1ertified 1o&y of t!e ?'d)%e(t #!$ll 3e $tt$1!ed to t!e "rit of e:e1'tio( and shall be ser ed by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, $(d #'1! &$rty or &er#o( %$y 3e &'(i#!ed for 1o(te%&t if !e di#o3ey# #'1! ?'d)%e(t &1ection //, Rule +-" f" (ffect of le y on third persons 2%he le y on e5ecution #!$ll 1re$te $ lie( i( f$4o'r of t!e ?'d)%e(t o3li)ee o er the right, title and interest of the judgment obligor in such property at the time of the le y, subject to liens and encumbrances then e5isting &1ection /., Rule +-" +./,. 0. *roperties e5empt from e5ecution 2(5cept as otherwise e5pressly pro ided by law, the following property, and no other, shall be e5empt from e5ecution! &a" %he judgment obligorCs family home as pro ided by law, or the homestead in which he resides, and land necessarily used in connection therewith; &b" <rdinary tools and implements personally used by him in his trade, employment, or li elihood; &c" %hree horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment obligor may select necessarily used by him in his ordinary occupation; &d" Kis necessary clothing and articles for ordinary personal use, e5cluding jewelry;

/B@

&e" Kousehold furniture and utensils necessary for house7eeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a alue not e5ceeding one hundred thousand pesos; &f" *ro isions for indi idual or family use sufficient for four months; &g" %he professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, sur eyors, clergymen, teachers, and other professionals, not e5ceeding three hundred thousand pesos in alue; &h" <ne fishing boat and accessories not e5ceeding the total alue of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his li elihood; &i" 1o much of the salaries, wages, or earnings of the judgment obligor for his personal ser ices within the four months preceding the le y as are necessary for the support of his family; &j" 8ettered gra estones; &7" 9onies, benefits, pri ileges, or annuities accruing or in any manner growing out of any life insurance; &7" %he right to recei e legal support, or money or property obtained as such support, or any pension or gratuity from the Ao ernment; &l" %he right to recei e legal support, or money or property obtained as such support, or any pension or gratuity from the Ao ernment; &l" *roperties specially e5empted by law &1ection /+, Rule +-". +./,.=. *roceedings where property is claimed by third persons If the property le ied on is claimed by any person other than the judgment obligor or his agent, and such person ma7es an affida it of his title thereto or right to the possession thereof, stating the grounds of such right or title, and ser es the same upon the officer ma7ing the le y and copy thereof, stating the grounds of such right or title, and ser es the same upon the officer ma7ing the le y and a copy thereof upon the judgment obligee, t!e offi1er #!$ll (ot 3e 3o'(d to 8ee& t!e &ro&erty9 '(le## #'1! ?'d)%e(t o3li)ee9 o( de%$(d of t!e offi1er9 file# $ 3o(d $&&ro4ed 3y t!e 1o'rt to i(de%(ity t!e t!ird5&$rty 1l$i%$(t i( $ #'% (ot le## t!$( t!e 4$l'e of t!e &ro&erty le4ied o(. In case of disagreement as to such alue, the same shall be determined by the court issuing the writ of e5ecution. >o claim for damages for the ta7ing or 7eeping of the property may be enforced against the bond '(le## t!e $1tio( t!erefor i# filed "it!i( o(e !'(dred t"e(ty +,2.0 d$y# fro% t!e d$te of t!e fili() of t!e 3o(d. /B,

%he officer shall not be liable for damages for the ta7ing or 7eeping of the property, to any third;party claimant if such bond is filed. >othing herein contained shall pre ent such claimant or any third person from indicating his claim to the property in a separate action, or pre ent the judgment obligee from claiming damages in the same or a separate action against a third;party claimant who filed a fri olous or plainly spurious claim. When the writ of e5ecution is issued in fa our of the Republic of the *hilippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or le ying officer is sued for damages as a result of the le y, he shall be represented by the 1olicitor Aeneral and if held liable therefor, the actual damages adjudged by the court shall be paid by the >ational %reasurer out of such funds as may be appropriated for the purpose &1ection /@, Rule +-". a" In relation to third party claim in attachment and reple in 2In the instant appeal, petitioner insists that a mortgagee can maintain an action for reple in against any possessor of the object of a chattel mortgage e en if the latter were not a party to the mortgage. 2 Reple in, broadly understood, is both a form of principal remedy and of a pro isional relief. It may refer either to the action itself, i.e., to regain the possession of personal chattels being wrongfully detained from the plaintiff by another, or to the pro isional remedy that would allow the plaintiff to retain the thing during the pendency of the action and hold it pendente lite. %he action is primarily possessory in nature and generally determines nothing more than the right of possession. Reple in is so usually described as a mi5ed action, being partly in rem and partly in personam;in rem insofar as the reco ery of specific property is concerned, and in personam as regards to damages in ol ed. #s an Waction in rem,W the gist of the reple in action is the right of the plaintiff to obtain possession of specific personal property by reason of his being the owner or of his ha ing a special interest therein. 4onsequently, the person in possession of the property sought to be reple ied is ordinarily the proper and only necessary party defendant, and the plaintiff is not required to so join as defendants other persons claiming a right on the property but not in possession thereof. Rule @B of the Rules of 4ourt allows an application for the immediate possession of the property but the plaintiff must show that he has a good legal basis, i.e., a clear title thereto, for see7ing such interim possession. 2Where the right of the plaintiff to the possession of the specific property is so conceded or e ident, the action need only be maintained against him who so possesses the property. In rem actio est per quam /B?

rem nostram quae ab alio possidetur petimus, et semper ad ersus eum est qui rem possidet. In >orthern 9otors, Inc. s. Kerrera Y0- 14R# +-." the 4ourt has said! W%here can be no question that persons ha ing a special right of property in the goods the reco ery of which is sought, such as a chattel mortgagee, may maintain an action for reple in therefor. Where the mortgage authori6es the mortgagee to ta7e possession of the property on default, he may maintain an action to reco er possession of the mortgaged chattels from the mortgagor or from any person in whose hands he may find them. 2In effect then, the mortgagee, upon the mortgagorCs default, is constituted an attorney;in;fact of the mortgagor enabling such mortgagee to act for and in behalf of the owner. #ccordingly, that the defendant is not pri y to the chattel mortgage should be inconsequential. 'y the fact that the object of reple in is traced to his possession, one properly can be a defendant in an action for reple in. It is here assumed that the plaintiffCs right to possess the thing is not or cannot be disputed. 2In case the right of possession on the part of the plaintiff, or his authority to claim such possession or that of his principal, is put to great doubt &a contending party might contest the legal bases for plaintiffCs cause of action or an ad erse and independent claim of ownership or right of possession is raised by that party", it could become essential to ha e other persons in ol ed and accordingly impleaded for a complete determination and resolution of the contro ersy. )or instance, in 1er icewide 1pecialists, Inc., s. 4ourt of #ppeals, et al., A.R. >o. /B++B/, B? December /--=, this 4ourt ruled! WWhile, in its present petition for re iew on certiorari, 1er icewide has raised a number of points, the crucial issue still remains, howe er, to be whether or not an action filed by the mortgagee for reple in to effect a foreclosure of the property co ered by the chattel mortgage would require that the mortgagor be so impleaded as an indispensable party thereto. WRule @B of the Rules of 4ourt allows a plaintiff, in an action for the reco ery of possession of personal property, to apply for a writ of reple in if it can be shown that he is Zthe owner of the property claimed 5 5 5 or is entitled to the possession thereof. %he plaintiff need not be the owner so long as he is able to specify his right to the possession of the property and his legal basis therefor. T!e D'e#tio( t!e(9 i(#of$r $# t!e %$tter fi(d# rel$tio( to t!e i(#t$(t 1$#e9 i# "!et!er or (ot t!e &l$i(tiff +!erei( &etitio(er0 "!o !$# &redi1$ted !i# ri)!t o( 3ei() t!e %ort)$)ee of $ 1!$ttel %ort)$)e #!o'ld i%&le$d t!e %ort)$)or i( !i# 1o%&l$i(t t!$t #ee8# to re1o4er &o##e##io( of t!e e(1'%3ered &ro&erty i( order to effe1t it# /B-

fore1lo#'re. WT!e $(#"er !$# to 3e i( t!e $ffir%$ti4e. In a suit for reple in, a clear right of possession must be established. # foreclosure under a chattel mortgage may properly be commenced only once there is default on the part of the mortgagor of his obligation secured by the mortgage. T!e re&le4i( i( t!e i(#t$(t 1$#e !$# 3ee( #o')!t to &$4e t!e "$y for t!e fore1lo#'re of t!e o3?e1t 1o4ered 3y t!e 1!$ttel %ort)$)e. %he conditions essential for that foreclosure would be to show, fir#tly, the e5istence of the chattel mortgage and, se1o(dly, the default of the mortgagor. %hese requirements must be established since the alidity of the plaintiffCs e5ercise of the right of foreclosure are ine itably dependent thereon. It would thus seem, considering particularly an ad erse and independent claim of ownership by pri ate respondent, that the lower court acted impro idently when it granted the dismissal of the complaint against Dollente, albeit on petitionerCs &then plaintiff" plea, on the ground that the Onon;ser ice of summons upon (rnesto Dollente &would" only delay the determination of the merits of the case, to the prejudice of the partiesC In Imson . 4ourt of #ppeals, we ha e e5plained! O25 5 5. A( i(di#&e(#$3le &$rty is one whose interest will be affected by the courtCs action in the litigation, and without whom no final determination of the case can be had. %he partyCs interest in the subject matter of the suit and in the relief sought are so ine5tricably intertwined with the other parties that his legal presence as a party to the proceeding is an absolute necessity. In his absence there cannot be a resolution of the dispute of the parties before the court which is effecti e, complete, or equitable. Z4on ersely, a party is not indispensable to the suit if his interest in the contro ersy or subject matter is distinct and di isible from the interest of the other parties and will not necessarily be prejudiced by a judgment which does complete justice to the parties in court. Ke is not indispensable if his presence would merely permit complete relief between him and those already parties to the action or will simply a oid multiple litigation &'# )I>#>4( 4<R*<R#%I<>, petitioner s. K<>. 4<GR% <) #**(#81 and R<'(R%< 9. R(P(1, respondents , EA.R. >o. /B.--?. $uly =, /--@F. +./,.@. Rules on redemption 1ec. .,. Who may redeem real property so sold. Real property sold as pro ided in the last preceding section, or any part thereof sold separately, may be redeemed in the manner hereinafter pro ided, by the following persons! &a" %he judgment obligor, or his successor in interest in the whole or any part of the property;

//B

&b" # creditor ha ing a lien by irtue of an attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the lien under which the property was sold 1uch redeeming creditor is termed a redemptioner. Right of redemption is the prerogati e to reacquire a mortgaged property after registration of the foreclosure sale. It e5ists only in the case of the e5trajudicial foreclosure of the mortgage. >o such right is recogni6ed in a judicial foreclosure unless the mortgagee is a ban7 &Kuerta #lba Resort, Inc. . 4ourt of #ppeals, A.R. >o. /.?=@,, 1eptember /, .BBB, ++- 14R# =+0" 1ection .?, Rule +- of the Rules of 4ourt pro ides for the manner of payment in redemption! 1ection .?. %ime and manner of, and amounts payable on, successi e redemptions; notice to be gi en and filed. %he judgment obligor, or redemptioner, may redeem the property from the purchaser, at any time within one &/" year from the date of the registration of the certificate of sale, by paying the purchaser the amount of his purchase, with one per centum per month interest thereon in addition, up to the time of redemption, together with the amount of any assessments or ta5es which the purchaser may ha e paid thereon after purchase, and interest on such last named amount at the same rate; and if the purchaser be also a creditor ha ing a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien, with interest. *roperty so redeemed may again be redeemed within si5ty &@B" days after the last redemption upon payment of the sum paid on the last redemption, with two per centum thereon in addition, and the amount of any assessments or ta5es which the last redemptioner may ha e paid thereon after redemption by him, with interest on such last; named amount, and in addition, the amount of any liens held by said last redemptioner prior to his own, with interest. %he property may be again, and as often as a redemptioner is so disposed, redeemed from any pre ious redemptioner within si5ty &@B" days after the last redemption, on paying the sum paid on the last pre ious redemption, with two per centum thereon in addition, and the amounts of any assessments or ta5es which the last pre ious redemptioner paid after the redemption thereon, with interest thereon, and the amount of any liens held by the last redemptioner prior to his own, with interest. Written notice of any redemption must be gi en to the officer who made the sale and a duplicate filed with the registry of deeds of the place, and if any assessments or ta5es are paid by the redemptioner or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in li7e manner be gi en to the officer and filed with the registry of deeds; if such notice be not ///

filed, the property may be redeemed without paying such assessments, ta5es, or liens. A11ordi()ly9 to 1o(#tit'te 4$lid rede%&tio(, the amount tendered must comply with the following requirements! &/" it should constitute the full amount paid by the purchaser; &." with one percent per month interest on the purchase price in addition, up to the time of redemption; &+" together with the amount of any assessments or ta5es which the purchaser may ha e paid thereon after purchase; &0" interest on the ta5es paid by the purchaser at the rate of one percent per month, up to the time of the redemption; and &=" if the purchaser be also a creditor ha ing a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such other lien, with interest. In e5ercising the right of redemption, the tender of payment must be for t!e f'll $%o'(t of t!e &'r1!$#e &ri1e. <therwise, to allow payment by instalments would be to allow the indefinite e5tension of the redemption period & (stanislao, $r. . 4ourt of #ppeals, A.R. >o. /0+@?,, $uly +/, .BB/, +@. 14R# ..-" +./,., (5amination of judgment obligor when judgment is unsatisfied 1ec. +@. (5amination of judgment obligor when judgment unsatisfied. N When the return of a writ of e5ecution issued against property of a judgment obligor, or any one of se eral obligors in the same judgment, shows that the judgment remains unsatisfied, in whole or in part, the judgment obligee, at any time after such return is made, #!$ll 3e e(titled to $( order fro% t!e 1o'rt "!i1! re(dered t!e #$id ?'d)%e(t9 reD'iri() #'1! ?'d)%e(t o3li)or to $&&e$r $(d 3e e:$%i(ed 1o(1er(i() !i# &ro&erty $(d i(1o%e 3efore #'1! 1o'rt or 3efore $ 1o%%i##io(er $&&oi(ted 3y it9 $t $ #&e1ified ti%e $(d &l$1e; and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment. 'ut no judgment obligor shall be so required to appear before a court or commissioner outside the pro ince or city in which such obligor resides or is found. %he trial court committed no abuse of discretion in scheduling the e5amination of petitioner on .. 9arch .BB.. <n the contrary, it acted with utmost judiciousness to a oid a miscarriage of justice because petitioner was reported to be about to lea e for 4anada, a fact which petitioner did not refute in his 9anifestation of /- 9arch .BB.&R#9<> D. 9<>%(>(AR<, petitioner, s. 9#. %(R(1# 8. 9<>%(>(AR<, for herself and as the mother and natural guardian of the minors, #>%<>I< #9(8< and #># 9#RI# *I# I1#'(8, both surnamed 29<>%(>(AR<, respondents, EA.R. >o. /=@?.-. $une ?, .BB0F. +./,.?. (5amination of obligor of judgment obligor //.

2When the ret'r( of $ "rit of e:e1'tio( against the property of a judgment obligor shows that the judgment re%$i(# '(#$ti#fied, in whole or in part, and '&o( &roof to the satisfaction of the court which issued the writ, t!$t $ &er#o(9 1or&or$tio(9 or ot!er ?'ridi1$l e(tity !$# &ro&erty of #'1! ?'d)%e(t o3li)or or i# i(de3ted to !i% , the court may, by an order, reD'ire #'1! &er#o(, corporation, or other juridical entity, of any officer or member thereof, to $&&e$r 3efore t!e 1o'rt or $ 1o%%i##io(er $&&oi(ted 3y it9 $t $ ti%e $(d &l$1e "it!i( t!e &ro4i(1e or 1ity "!ere #'1! de3tor re#ide# or i# fo'(d9 $(d 3e e:$%i(ed 1o(1er(i() t!e #$%e. %he ser ice of the order shall 3i(d $ll 1redit d'e t!e ?'d)%e(t o3li)or i( t!e &o##e##io( or i( t!e 1o(trol of #'1! &er#o(, corporation, or juridical entity from the time of ser ice; and the court may also require notice of such proceedings to be gi en to any party to the action in such manner as sit may deem proper&1ection +,, Rule +-". +./,.-. (ffect of judgment or final orders )es judicata means Wa matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment.W It lays the rule that an e5isting final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, upon any matter within its jurisdiction, i# 1o(1l'#i4e of t!e ri)!t# of t!e &$rtie# or t!eir &ri4ie#9 in all other actions or suits in the same or any other judicial tribunal of concurrent jurisdiction on the points and matters in issue in the first suit &*entacapital In estment 4orp. . 9ahinay, A.R. >o. /,/,+@, $uly =, .B/B, @.+ 14R# .?0, +B,. It must be remembered that it is to the i(tere#t of t!e &'3li1 that there should be an end to litigation by the parties o er a subject fully and fairly adjudicated. %he doctrine of res judicata is a rule that per ades e ery well;regulated system of jurisprudence and is founded upon two grounds embodied in arious ma5ims of the common law, namely! &/" public policy and necessity, which dictates that it would be in the interest of the 1tate that there should be an end to litigation N republicae ut sit litium; and &." the hardship on the indi idual that he should be e5ed twice for the same cause N nemo debet bis e5ari pro una et eadem causa. # contrary doctrine would subject public peace and quiet to the will and neglect of indi iduals and prefer the gratification of the litigious disposition on the part of suitors to the preser ation of public tranquillity and happiness &8a 4ampana De elopment 4orp. . De elopment 'an7 of the *hilippines, A.R. >o. /0@/=,, )ebruary /+, .BB-, =,- 14R# /+,, /=?;/=-".

1ection 0,. (ffect of judgments or final orders : %he effect of a judgment or final order rendered by a court of the *hilippines, ha ing //+

jurisdiction to pronounce the judgment or final order, may be as follows! &a" In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or his relationship to another, the ?'d)%e(t or fi($l order i# 1o(1l'#i4e '&o( t!e title to the thing, the will or administration, or the condition, status or relationship of the person; howe er, the probate of a will or granting of letters of administration shall only be prima facie e idence of the death of the testator or intestate; &b" In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could ha e been raised in relation thereto9 1o(1l'#i4e 3et"ee( t!e &$rtie# $(d t!eir #'11e##or# i( i(tere#t by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity; and &c" I( $(y ot!er liti)$tio( 3et"ee( t!e #$%e &$rtie# or t!eir #'11e##or# i( i(tere#t9 that only is deemed to ha e been adjudged in a former judgment or final order which appears upon its face to ha e been so adjudged, or which was actually and necessarily included therein or necessary thereto. $urisprudence taught us well that res judicata under the fir#t 1o(1e&t or as a bar against the prosecution of a second action e5ists when there is identity of parties, subject matter and cause of action in the first and second actions. %he judgment in the first action is final as to the claim or demand in contro ersy, including the parties and those in pri ity with them, not only as to e ery matter which was offered and recei ed to sustain or defeat the claim or demand, but as to any other admissible matter which might ha e been offered for that purpose and of all matters that could ha e been adjudged in that case. In contrast, re# ?'di1$t$ '(der t!e #e1o(d 1o(1e&t or e#to&&el 3y ?'d)%e(t e:i#t# when there is identity of parties and subject matter but the causes o! action are completely distinct. %he first judgment is conclusi e only as to those matters actually and directly contro erted and determined and not as to matters merely in ol ed herein &Aamboa . 4ourt of #ppeals, /-0 *hil. @.0, @0.;@0+ &/-?/". In >a arro . 9etropolitan 'an7 M %rust 4ompany &A.R. >os. /@=@-, and /@@0?/, #ugust 0, .BB-, =-= 14R# /0-. the doctrine of immutability of a final judgment was rationali6ed as follows! 2>o other procedural law principle is indeed more settled than that once a judgment becomes final, it is no longer subject to change, re ision, amendment or re ersal, e5cept only for correction of clerical errors, or the ma7ing of nunc pro tunc entries which cause no prejudice to any party, or where the judgment itself is oid. %he //0

underlying reason for the rule is two;fold! &/" to a oid delay in the administration of justice and thus ma7e orderly the discharge of judicial business, and &." to put judicial contro ersies to an end, at the ris7 of occasional errors, inasmuch as contro ersies cannot be allowed to drag on indefinitely and the rights and obligation of e ery litigant must not hang in suspense for an indefinite period of time. #s the 4ourt declared in Pau . 1il erio 28itigation must end and terminate sometime and somewhere, and it is essential to an effecti e and efficient administration of justice that, once a judgment has become final, the winning party be, not through a mere subterfuge, depri ed of the fruits of the erdict. 4ourts must therefore guard against any scheme calculated to bring about that result. 4onstituted as they are to put an end to contro ersies, courts should frown upon any attempt to prolong them. 2Indeed, just as a losing party has the right to file an appeal within the prescribed period, the winning party also has the correlati e right to enjoy the finality of the resolution of his case by the e5ecution and satisfaction of the judgment. #ny attempt to thwart this rigid rule and deny the pre ailing litigant his right to sa our the fruit of his ictory must immediately be struc7 down. %hus, in Keirs of Wenceslao 1amper . Reciproco;>oble, we had occasion to emphasi6e the significance of this rule, to wit! It is an important fundamental principle in our $udicial system that e ery litigation must come to an end 5 5 5 #ccess to the courts is guaranteed. 'ut there must be a limit thereto. <nce a litigantCs rights ha e been adjudicated in a alid final judgment of a competent court, he should not be granted an unbridled license to come bac7 for another try. %he pre ailing party should not be harassed by subsequent suits. )or, if endless litigations were to be encouraged, then unscrupulous litigants will multiply in number to the detriment of the administration of justice &%<'I#1 1(8A# and 4()(RI># A#R#>4K< 1(8A#, *etitioners,; ersus ;1<>P (>%I(RR< 'R#R, represented by her #ttorney;in;)act 9#RI># %. (>%I(RR<, Respondent, A.R. >o. /,=/=/, 1eptember ./, .B//". +./,./B. (nforcement and effect of foreign judgments or final orders 1(4. 0?. (ffect of foreign judgments or final orders.N%he effect of a judgment or final order of a tribunal of a foreign country, ha ing jurisdiction to render the judgment or final order is as follows! &a" In case of a judgment or final order upon a specific thing, the judgment or final order is conclusi e upon the title of the thing; and &b" In case of a judgment or final order against a person, the judgment or final order is presumpti e e idence of a right as between the parties and their successors in interest by a subsequent title. //=

In either case, the judgment or final order may be repelled by e idence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mista7e of law or fact. 2%he starting point in any recognition of a foreign di orce judgment is the ac7nowledgment that our courts do not ta7e judicial notice of foreign judgments and laws. $ustice Kerrera e5plained that, as a rule, Wno so ereign is bound to gi e effect within its dominion to a judgment rendered by a tribunal of another country 2 %his means that the foreign judgment and its authenticity must be pro en as facts under our rules on e idence, together with the alienDs applicable national law to show the effect of the judgment on the alien himself or herself. %he recognition may be made in an action instituted specifically for the purpose or in another action where a party in o7es the foreign decree as an integral aspect of his claim or defense 2 2In AerbertDs case, since both the foreign di orce decree and the national law of the alien, recogni6ing his or her capacity to obtain a di orce, purport to be official acts of a so ereign authority, 1ection .0, Rule /+. of the Rules of 4ourt comes into play. %his 1ection requires proof, either by &/" official publications or &." copies attested by the officer ha ing legal custody of the documents. If the copies of official records are not 7ept in the *hilippines, these must be &a" accompanied by a certificate issued by the proper diplomatic or consular officer in the *hilippine )oreign 1er ice stationed in the foreign country in which the record is 7ept and &b" authenticated by the seal of his office &A(R'(R% R. 4<R*GI, *etitioner, s. D#I1P8P> %IR<8 1%<. %<9#1 and the 1<8I4I%<R A(>(R#8, Respondents A.R. >o. /?@=,/, #ugust //, .B/B". +./?. Pro4i#io($l re%edie# +./?./. >ature of pro isional remedies *ro isional remedies are those remedies to which the party litigants may a ail for the preser ation or protection of their rights, interest, during the pendency of the action. 2%hey are applied to a pending litigation, for the purpose of securing the judgment or preser ing the status quo, and in some cases after judgment, for the purpose of preser ing or disposing of the subject matter &4alo . Roldan, ,@ *hil. 00=".

+./?././. %he *ro isional remedies under the present Rules are! a" #ttachment &Rule =," //@

b" *reliminary Injunction c" Recei ers d" Reple in e" #limony *endente 8ite

&Rule =?" &Rule =&Rule @B" &Rule @/"

+./?... $urisdiction o er pro isional remedies %he pertinent pro isions of R.#. >o. ,@-/ pro ide! 1ec. +. 1ection ++ of the same law is hereby amended to read as follows! 1ec. ++. $urisdiction of 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts and 9unicipal 4ircuit %rial 4ourts in 4i il 4ases. N 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts and 9unicipal 4ircuit %rial 4ourts shall e5ercise! &/" (5clusi e original jurisdiction o er ci il actions and probate proceedings, testate and intestate9 i(1l'di() t!e )r$(t of &ro4i#io($l re%edie# i( &ro&er 1$#e#9 where the alue of the personal property, estate, or amount of the demand does not e5ceed <ne hundred thousand pesos +P,..9......" or, in 9etro 9anila where such personal property, estate, or amount of the demand does not e5ceed %wo hundred thousand pesos +P2..9......", e5clusi e of interest, damages of whate er 7ind, attorneyCs fees, litigation e5penses, and costs, the amount of which must be specifically alleged! *ro ided, %hat interest, damages of whate er 7ind, attorneyCs fees, litigation e5penses, and 1o#t# #!$ll 3e i(1l'ded i( t!e deter%i($tio( of t!e fili() fee#: *ro ided further, %hat where there are se eral claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall 3e t!e tot$lity of t!e 1l$i%# i( $ll t!e 1$'#e# of $1tio(9 irre#&e1ti4e of "!et!er t!e 1$'#e# of $1tio( $ro#e o't of t!e #$%e or differe(t tr$(#$1tio(#. 555 555 555 1ec. ,. %he pro isions of this #ct shall apply to all ci il cases that ha e not yet reached the pre;trial stage. Kowe er, by agreement of all the parties, ci il cases cogni6able by municipal and metropolitan courts by the pro isions of this #ct may be tr$(#ferred fro% t!e Re)io($l Tri$l Co'rt# to t!e l$tter. %he e5ecuti e judge of the appropriate Regional %rial 4ourt shall define the administrati e procedure of transferring the cases affected by the redefinition of jurisdiction to the 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts and 9unicipal 4ircuit %rial 4ourts.

+./?.+. *reliminary attachment

//,

$0 Arounds for issuance of writ of attachment 2At t!e 1o%%e(1e%e(t of t!e $1tio( or at any time before entry of judgment9 a plaintiff or any proper party may ha e the property of the ad erse party $tt$1!ed $# #e1'rity for t!e #$ti#f$1tio( of $(y ?'d)%e(t that may be reco ered in the following cases! &a" In an $1tio( for t!e re1o4ery of $ #&e1ified $%o'(t of %o(ey or d$%$)e#9 other than moral and e5emplary, on a cause of action arising from law, contract, quasi;contract, delict or quasi;delict against a party "!o i# $3o't to de&$rt fro% t!e P!ili&&i(e# "it! i(te(t to defr$'d !i# 1reditorE &b" In an $1tio( for %o(ey or &ro&erty e%3e@@led or fr$'d'le(tly %i#$&&lied or 1o(4erted to !i# o"( '#e 3y $ &'3li1 offi1er9 or an officer of a corporation, or an attorney, factor, bro7er, agent, or cler7, in the course of his employment as such, or by any other person in a fiduciary capacity, or for $ "ilf'l 4iol$tio( of d'tyE K In an action to re1o4er &o##e##io( of &ro&erty '(?'#tly or fr$'d'le(tly t$8e( det$i(ed or 1o(4erted9 when the property, or any part thereof, has been concealed, remo ed, or disposed of to pre ent its being found or ta7en by the applicant or an authori6ed person; &d" In an $1tio( $)$i(#t $ &$rty "!o !$# 3ee( )'ilty of $ fr$'d i( 1o(tr$1ti() t!e de3t or i(1'rri() t!e o3li)$tio( upon which the action is brought, or in the performance thereof; &e" In an $1tio( $)$i(#t $ &$rty "!o !$# re%o4ed or di#&o#ed of !i# &ro&erty9 or is about to do so, "it! i(te(t to defr$'d !i# 1reditor#E or &f" In an action against a party who does not reside $(d is not fo'(d i( t!e P!ili&&i(e#, or on whom summons may be ser ed by publication &1ection /, Rule =,". 30 #ffida it and bond required. 2#n order of attachment shall be granted only when it appears by the affida it of the applicant, or of some other person who personally 7nows the facts, that &/" a sufficient cause of action e5ists, &." that the case is one of those mentioned in 1ection / hereof; &+" that there is no other sufficient security for the claim sought to be enforced by the action, and that &0" the amount due to the applicant, or the alue of the property the possession of which he is entitled to reco er, is as much as the sum for which the order is granted abo e all legal counterclaims. %he affida it, and the bond required by the ne5t succeeding section, must be duly filed with the court before the order issues &1ection +, Rule =,". 1" Issuance and contents of order of attachment; $ffid$4it $(d //?

3o(d 2'n order o! attachment may be issued eit!er ex parte or '&o( %otio( "it! (oti1e $(d !e$ri() 3y t!e 1o'rt i( "!i1! t!e $1tio( i# &e(di()9 or 3y t!e Co'rt of A&&e$l# or t!e S'&re%e Co'rt, and must require the sheriff of the court to attach so much of the property in the *hilippines of the party against whom it is issued, not e5empt from e5ecution, as may be sufficient to satisfy the applicantDs demand, unless such party ma7es deposit or gi es a bond as hereinafter pro ided in an amount equal to that fi5ed in the order, which may be the amount sufficient to satisfy the applicantDs demand or the alue of the property to be attached as stated by the applicant, e5clusi e of costs. 1e eral writs may be issued at the same time to the sheriffs of the courts of different judicial regions &1ection ., Rule =,". #ffida it and bond required. 2#n order of $tt$1!%e(t #!$ll 3e )r$(ted only when it $&&e$r# 3y t!e $ffid$4it of the applicant, or some other person who personally 7nows the facts, that $ #'ffi1ie(t 1$'#e of $1tio( e5ists, that the 1$#e i# o(e of t!o#e %e(tio(ed i( Se1tio( , !ereof9 that there is (o ot!er #'ffi1ie(t #e1'rity for the claim sought to be enforced by the action, and that t!e $%o'(t d'e to t!e $&&li1$(t9 or t!e 4$l'e of t!e &ro&erty t!e &o##e##io( of "!i1! !e i# e(titled to re1o4er9 is as much as the sum for which the order is granted abo e all legal counterclaims. %he affida it and the bond required by the ne5t succeeding section, %'#t 3e d'ly filed "it! t!e 1o'rt 3efore t!e order i##'e# &1ection +, Rule =,". d0 R'le o( &rior or 1o(te%&or$(eo'# #er4i1e of #'%%o(#E "!e( it #!$ll (ot $&&ly 5 5 5. 2>o le y on attachment pursuant to the writ issued under 1ection . hereof shall be enforced unless it is preceded, or 1o(te%&or$(eo'#ly $11o%&$(ied9 3y #er4i1e of #'%%o(#9 to)et!er "it! $ 1o&y of t!e 1o%&l$i(t9 t!e $&&li1$tio( for $tt$1!%e(t9 t!e $ffid$4it $(d 3o(d9 $(d t!e order $(d "rit of $tt$1!%e(t o( t!e defe(d$(t "it!i( t!e P!ili&&i(e# &/st par., 1ection =, Rule =,". 2%he requirement of prior or contemporaneous ser ice of summons #!$ll (ot $&&ly where t!e #'%%o(# 1o'ld (ot 3e #er4ed &er#o($lly or by substituted ser ice despite diligent efforts, or the defendant is a re#ide(1e of t!e P!ili&&i(e# te%&or$rily $3#e(t therefrom, or the defendant is $ (o(5re#ide(t of t!e P!ili&&i(e#, or the $1tio( i# o(e i( re% or D'$#i i( re% &last par. 1ection =, Rule =,". e" 9anner of attaching real and personal property; when property attached is claimed by third person 2%he sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await judgment and e5ecution in the //-

action, only so much property in the *hilippines of the party against whom the property is issued, not e5empt from e5ecution, as may be sufficient to satisfy the applicantDs demand, '(le## t!e for%er %$8e# $ de&o#it "it! t!e 1o'rt fro% "!i1! t!e "rit i# i##'ed9 or )i4e# $ 1o'(ter53o(d e:e1'ted to t!e $&&li1$(t9 i( $( $%o'(t eD'$l to t!e 3o(d fi:ed 3y t!e 1o'rt i( t!e order of $tt$1!%e(t or to t!e 4$l'e of t!e &ro&erty to 3e $tt$1!ed9 e:1l'#i4e of 1o#t# &/st par. 1ection =, Rule =,". f" Discharge of attachment and the counter;bond 2#fter a writ of attachment has been enforced, the party whose property has been attached, or the person appearing on is behalf, may %o4e for t!e di#1!$r)e of t!e $tt$1!%e(t "!olly or i( &$rt o( t!e #e1'rity )i4e(. %he court shall, after due notice and hearing, order t!e di#1!$r)e of t!e $tt$1!%e(t if t!e movant %$8e# $ 1$#! de&o#it9 or filed a counter;bond e5ecuted to the attaching party with the cler7 of court where the application is made, in an amount equal to that fi5ed by the court in the order of attachment, e5clusi e of cost. 'ut if the attachment is sought to be discharged with respect to a particular property, the counter;bond shall be equal to the alue of that property as determined by the court. I( eit!er 1$#e9 t!e 1$#! de&o#it or t!e 1o'(ter53o(d #!$ll #e1're t!e &$y%e(t of $(y ?'d)%e(t t!$t t!e $tt$1!i() &$rty %$y re1o4er i( t!e $1tio(. # notice of the deposit shall forthwith be ser ed on the attaching party. Gpon the discharge of an attachment in accordance with the pro isions of this section, the property attached, or the proceeds of any sale thereof, shall be deli ered to the party ma7ing the deEposit or gi ing the counter;bond, or to the person appearing on his behalf, the deposit or counter;bond aforesaid standing in place of the property so released. S!o'ld #'1! 1o'(ter53o(d for $(y re$#o( fo'(d to 3e9 or 3e1o%e i(#'ffi1ie(t9 $(d t!e &$rty f'r(i#!i() t!e #$%e f$il to file $( $dditio($l 1o'(ter53o(d9 t!e $tt$1!i() &$rty %$y $&&ly for $ (e" order of $tt$1!%e(t &1ection /., Rule =,". )" 1atisfaction of judgment out of property attached 2If judgment be reco ered by the attaching party and e5ecution issue thereon, the sheriff may cause the ?'d)%e(t to 3e #$ti#fied o't of t!e &ro&erty $tt$1!ed, if it be sufficient for that purpose in the following manner! &a" 'y paying to the judgment obligee the proceeds of sales of perishable or other property sold in pursuance of the order of the court, or so much as shall be necessary to satisfy the judgment; &b" If any balance remains due, by selling so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for the purpose remain in the sheriffDs hands, or in those of the cler7 of the court;

/.B

T 'y collecting from all persons ha ing in their possession credits belonging to the judgment obligor, or owing debts to the latter at the time of the attachment of such credits or debts, the amount of such credits and debts as determined by the court in the action, and stated in the judgment, and paying the proceeds of such collection o er to the judgment obligee. 2%he sheriff shall forthwith ma7e a return in writing to the court of his proceedings under this section and furnish the parties with copies thereof &1ection /=, Rule =,". +./?.+. 2#ttachment may be issued e5 parte &)ilin est . Relo a, //, 14R# 0.B &/-?.". >othing in the Rules of 4ourt ma7e notice and hearing indispensable and mandatory requisites for the issuance of a writ of attachment &%oledo . 'urgos, A.R. ,=00@, Dec. /-, /-??, /@? 14R# =/+". +./?.0. *roperties which cannot be attached /. %hose statutorily e5empt from attachment (5. #rt. /=+ )amily 4ode ; )amily Kome .. %itle is not in the name of the defendant &unless it is shown that the defendant has beneficial interest" +. %he labourersD wages shall not be subject to attachment e5cept for debts for food, shelters, clothing, and medical attendance &#r. /.B?, >44". /+./?.0. *reliminary injunction $0 Definitions and differences! preliminary injunction and temporary restraining order; status quo ante order 30 Requisites 10 3inds of injunction 2# preliminary injunction is an order granted $t $(y #t$)e of an action or proceeding &rior to t!e ?'d)%e(t or fi($l order, requiring a party or a court, agency or a person to refr$i( fro% $ &$rti1'l$r $1t or acts. It may also require the &erfor%$(1e of $ &$rti1'l$r $1t or acts, in which case it shall be 7nown as a preliminary mandatory injunction %here are two &." 7inds of preliminary injunction /. *rohibitory : commands a party to refrain from a particular act. .. 9andatory : commands the performance of some positi e act to correct a wrong in the past.

/./

d" When writ may be issued e0 Arounds for issuance of preliminary injunction 1ections + and =, Rule =? of the /--, Rules of 4i il *rocedure on preliminary injunction pro ide the requirements for the issuance of a writ of preliminary injunction or a %R<! 1(4. +. Arounds for issuance of preliminary injunction. ; # preliminary injunction may be granted when it is established! &a" %hat the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts, either for a limited period or perpetually; &b" %hat the commission, continuance or non;performance of the act or acts complained of during the litigation would probably wor7 injustice to the applicant; or &c" %hat a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in iolation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual. 1(4. =. *reliminary injunction not granted without notice; e5ception. ; No &reli%i($ry i(?'(1tio( #!$ll 3e )r$(ted "it!o't !e$ri() $(d &rior (oti1e to t!e &$rty or &er#o(# #o')!t to 3e e(?oi(ed. If it shall appear from facts shown by affida its or by the erified application that )re$t or irre&$r$3le i(?'ry "o'ld re#'lt to t!e $&&li1$(t 3efore t!e %$tter 1$( 3e !e$rd o( (oti1e9 the court to which the application for preliminary injunction was made, may issue e$ parte a temporary restraining order to be effective only for a period of twenty ")$% days !rom service on the party or person sought to be enjoined, e$cept as herein provided. Within the twenty;day period, the court must order said party or person to show cause at a specified time and place, why the injunction should not be granted. %he court shall also determine, within the same period, whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding order. 2Kowe er, subject to the pro isions of the preceding sections, if the matter is of e5treme urgency and the applicant will suffer gra e injustice and irreparable injury, the e5ecuti e judge of a multiple;sala court or the presiding judge of a single;sala court %$y i##'e e: &$rte $ te%&or$ry re#tr$i(i() order effe1ti4e for o(ly #e4e(ty5t"o +>20 !o'r# fro% i##'$(1e 3't #!$ll i%%edi$tely 1o%&ly "it! t!e &ro4i#io(# of t!e (e:t &re1edi() #e1tio( $# to #er4i1e of #'%%o(# $(d t!e do1'%e(t# to 3e #er4ed t!ere"it!. %hereafter, within the aforesaid se enty;two &,." hours, the judge before whom the case is /..

pending #!$ll 1o(d'1t $ #'%%$ry !e$ri() to deter%i(e "!et!er t!e te%&or$ry re#tr$i(i() order #!$ll 3e e:te(ded '(til t!e $&&li1$tio( for &reli%i($ry i(?'(1tio( 1$( 3e !e$rd. In no case shall the total period of effecti ity of the temporary restraining order e5ceed t"e(ty +2.0 d$y#, including the original se enty;two hours pro ided herein &4KI># '#>3I>A 4<R*<R#%I<>, *etitioner, s.1*1. K#RRP 4IRI#4< and (1%K(R 4IRI#4<, Respondents, A.R. >o. /,BB+?, $uly //, .B/.". f0 Arounds for objection to or for motion for dissolution of, injunction or restraining order 2%he application for injunction or restraining order may be denied, '&o( #!o"i() of it# i(#'ffi1ie(1y. %he injunction or restraining order may also be denied, or if granted, may be dissol ed, on other grounds '&o( $ffid$4it# of t!e &$rty or &er#o( e(?oi(ed9 "!i1! %$y 3e o&&o#ed 3y t!e $&&li1$(t $l#o 3y $ffid$4it#. It may further be denied, or if granted, may be dissol ed, if it appears after hearing that although the applicant is entitled to the injunction or restraining order, the issuance or continuance thereof, as the case may be, would 1$'#e irre&$r$3le d$%$)e to t!e &$rty or &er#o( e(?oi(ed "!ile t!e $&&li1$(t 1$( 3e f'lly 1o%&e(#$ted for #'1! d$%$)e# $# !e %$y #'ffer9 $(d t!e for%er file# $ 3o(d i( $( $%o'(t fi:ed 3y t!e 1o'rt 1o(ditio(ed t!$t !e "ill &$y $ll d$%$)e# "!i1! t!e $&&li1$(t %$y #'ffer 3y t!e de(i$l or t!e di##ol'tio( of t!e i(?'(1tio( or re#tr$i(i() order. If it appears that the e5tent of the preliminary injunction or restraining order granted is too great, it may be modified. )" Duration of a %emporary Restraining <rder If it shall appear from facts shown by affida its or by the erified application that great or irreparable injury would result to the applicant before the matter can be heard on notice, the court to which the application for preliminary injunction was made, may issue e: &$rte $ te%&or$ry re#tr$i(i() order to 3e effe1ti4e o(ly for $ &eriod of t"e(ty +2.0 d$y# fro% #er4i1e o( t!e &$rty or &er#o( #o')!t to 3e e(?oi(ed9 e:1e&t $# !erei( &ro4ided &1ection =, Rule =?". : : : if t!e %$tter i# of e:tre%e 'r)e(1y $(d t!e $&&li1$(t "ill #'ffer )r$4e i(?'#ti1e $(d irre&$r$3le i(?'ry9 t!e e:e1'ti4e ?'d)e of $ %'lti&le5#$l$ 1o'rt or t!e &re#idi() ?'d)e of $ #i()le5#$l$ 1o'rt %$y i##'e e: &$rte a te%&or$ry re#tr$i(i() order effe1ti4e for o(ly #e4e(ty5t"o +>20 !o'r# fro% i##'$(1e 3't #!$ll i%%edi$tely 1o%&ly "it! t!e &ro4i#io(# of t!e (e:t &re1edi() #e1tio( $# to #er4i1e of #'%%o(# $(d t!e do1'%e(t# to 3e #er4ed t!ere"it!. T!ere$fter9 "it!i( t!e $fore#$id #e4e(ty5t"o +>20 !o'r#9 t!e ?'d)e 3efore "!o% t!e 1$#e i# &e(di() #!$ll 1o(d'1t $ #'%%$ry !e$ri() to deter%i(e "!et!er t!e te%&or$ry re#tr$i(i() order #!$ll 3e e:te(ded '(til t!e $&&li1$tio( for /.+

&reli%i($ry i(?'(1tio( 1$( 3e !e$rd +Section2, )ule 23& !0 In relation to R.#. >o. ?-,=, ban on issuance of %R< or writ of injunction in cases in ol ing go ernment infrastructure projects 1ection + of R# ?-,= states in no uncertain terms, thus! *rohibition on the Issuance of temporary Restraining <rder, *reliminary Injunctions and *reliminary 9andatory Injunctions. : >o court, e5cept the 1upreme 4ourt, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the go ernment, or any of its subdi isions, officials, or any person or entity, whether public or pri ate, acting under the go ernmentDs direction, to restrain, prohibit or compel the following acts! S55 &b" 'idding or awarding of contractRproject of the national go ernment as defined under 1ection . hereof; 555 %his prohibition shall apply in all cases, disputes or contro ersies instituted by a pri ate party, including but not limited to cases filed by bidders or those claiming to ha e rights through such bidders in ol ing such contractRproject. %his prohibition shall not apply when the matter is of e5treme urgency in ol ing a constitutional issue, such that unless a temporary restraining order is issued, gra e injustice and irreparable injury will arise &>(RWI> I>DG1%RI(1 4<R*<R#%I<>, *etitioner, s. *><4;(>(RAP D(J(8<*9(>% 4<R*<R#%I<>, and (1%(R R. AG(RI<>, 4hairman, 'ids and #wards 4ommittee, Respondents, A.R. >o. /@,B=, #pril //, .B/.". i" Rule on prior or contemporaneous ser ice of summons in relation to attachment 2In Da ao 8ight M *ower 4o., Inc. . 4ourt of #ppeals &A.R. >o. -+.@., >o ember .-, /--/, .B0 14R# +0+, +==;+=@" this 4ourt clarified the actual time when jurisdiction should be had! It goes without saying that whate er be the acts done by the 4ourt prior to the acquisition of jurisdiction o er the person of defendant 5 5 5 issuance of summons, order of attachment and writ of attachment 5 5 5 t!e#e do (ot $(d 1$((ot 3i(d $(d $ffe1t t!e defe(d$(t '(til $(d '(le## ?'ri#di1tio( o4er !i# &er#o( i# e4e(t'$lly o3t$i(ed 3y t!e 1o'rt, either by ser ice on him of summons or other coerci e process or his oluntary submission to the courtDs authority. He(1e9 "!e( t!e #!eriff or ot!er &ro&er offi1er 1o%%e(1e# i%&le%e(t$tio( of t!e "rit of $tt$1!%e(t, it is essential that he /.0

ser e on the defendant not only a copy of the applicantDs affida it and attachment bond, and of the order of attachment, as e5plicitly required by 1ection = of Rule =,, 3't $l#o t!e #'%%o(# $ddre##ed to #$id defe(d$(t $# "ell $# $ 1o&y of t!e 1o%&l$i(t.* +./?.=. Recei ership $" 4ases when recei er may be appointed 2Gpon a erified application, o(e or %ore re1ei4er# of the property subject of the action, or proceeding may be appointed by the court where the action is pending, or by the 4ourt of #ppeals or by the 1upreme 4ourt, or a member thereof, in the following cases! &a" When it appears from the erified application, and such other proof as the court may require9 t!$t t!e &$rty $&&lyi() for t!e $&&oi(t%e(t of $ re1ei4er !$# $( i(tere#t i( t!e &ro&erty or f'(d "!i1! i# t!e #'3?e1t of t!e $1tio( or &ro1eedi()9 and that such &ro&erty or f'(d i# i( d$()er of 3ei() lo#t9 re%o4ed9 or %$teri$lly i(?'red unless a recei er be appointed to administer and preser e it; &b" When it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or dissipated or materially injured, and that its value is probably insufficient to discharge the mortgage debt, <R that the parties have so stipulated in the contract of mortgage* T After ?'d)%e(t, to preserve the property during the pendency of an appeal, 4) to dispose o! it according to the judgment, <R to aid e$ecution hen e$ecution has been returned unsatis!ied <R the judgment obligee re!uses to apply his property in satis!action o! the judgment, 4) other ise to carry the judgment into e!!ect# &d" Whene er in other cases it appears that t!e $&&oi(t%e(t of $ re1ei4er i# t!e %o#t 1o(4e(ie(t $(d fe$#i3le %e$(# of preser ing, administering, or disposing of the property in litigation. D'ri() t!e &e(de(1y of $( $&&e$l, the $&&ell$te 1o'rt %$y $llo" an application for the appointment of a recei er to be filed in and de1ided 3y t!e 1o'rt of ori)i( and the recei er appointed to be subject to the control of said court &1ection /, Rule =-". Ple$#e t$8e (ote of t!e l$#t &$r$)r$&!: %he court of origin retains jurisdiction as regards the preser ation of the property under litigation and in ol ed in the appeal &#cuna, et al. . Kon. 4aluag, et al. /B/ *hil. 00@". # recei er is a representati e of the court appointed for the purpose of preser ing and conser ing the property in litigation and pre ent its /.=

possible destruction or dissipation, if it were left in the possession of any of the parties. %he recei er is not the representati e of any of the parties but of all of them to the end that their interests may be equally protected with the least possible incon enience and e5pense &>ormandy . Duque, .- 14R# +?=". 30 Requisites 10 Requirements before issuance of an order 2'efore issuing the order appointing a recei er the court shall reD'ire t!e $&&li1$(t to file $ 3o(d e:e1'ted to t!e &$rty $)$i(#t "!o t!e $&&li1$tio( i# &re#e(ted9 i( $( $%o'(t to 3e fi:ed 3y t!e 1o'rt9 to t!e effe1t t!$t t!e $&&li1$(t "ill &$y #'1! &$rty $ll d$%$)e# !e %$y #'#t$i( 3y re$#o( of t!e $&&oi(t%e(t of #'1! re1ei4er i( 1$#e t!e $&&li1$(t #!$ll !$4e &ro1'red #'1! $&&oi(t%e(t "it!o't #'ffi1ie(t 1$'#e; and t!e 1o'rt %$y in its discretion, at any time after the appointment, reD'ire $( $dditio($l 3o(d $# f'rt!er #e1'rity for #'1! d$%$)e#* &1ection ., Rule =-". d0 Aeneral *owers of a recei er 21ubject to the control of the court in which the action or proceeding is pending9 $ re1ei4er #!$ll !$4e t!e &o"er to bring and defend, in such capacity, actions in his own name; to ta7e and 7eep possession of the property in contro ersy; to recei e rents; to collect debts due to himself as recei er or to the fund, property, estate, person, or corporation of which he is the recei er; to compound for and compromise the same; to ma7e transfers; to pay outstanding debts; to di ide the money and other property that shall remain among the persons legally entitled to recei e the same; and generally to do such acts respecting the property as the court may authori6e. Kowe er, f'(d# i( t!e !$(d# of $ re1ei4er %$y 3e i(4e#ted only by order of the court '&o( t!e "ritte( 1o(#e(t of $ll t!e &$rtie# i( t!e $1tio( &1ection @, Rule =-" e0 %hree &+" 7inds of bonds /" #pplicantDs bond : e5ecuted to the party against whom the application is presented to guarantee payment of damages in case the applicant shall ha e procured such appointment without sufficient cause. &1ection ., Rule =-" ." #d erse partyDs bond : e5ecuted to the applicant in an amount to be fi5ed by the court, to the effect that he will pay the applicant all damages he may suffer by reason of the acts, omissions, or other matters specified in the application as ground for such appointment &1ection +, Rule =-" +" Recei erDs bond : e5ecuted to such person and in such sum as the court may direct, to the effect that he will faithfully discharge his duties in the action or proceeding and obey the orders of the court &1ection 0, Rule =-". /.@

f0 %ermination of recei ership 2Whene er the court9 motu proprio or o( %otio( of eit!er &$rty, shall determine that t!e (e1e##ity for $ re1ei4er (o lo()er e:i#t#, it shall, after due notice to all interested parties and hearing9 #ettle t!e $11o'(t# of t!e re1ei4er, direct the deli ery of the funds and other property in his possession to the person adjudged to be entitled to recei e them, $(d order t!e di#1!$r)e of t!e re1ei4er from further duty as such. %he court shall allow the recei er #'1! re$#o($3le 1o%&e(#$tio( as the circumstances of the case warrant, to be ta5ed as costs against the defeated party, or apportioned, as justice requires &1ection ?, Rule =-".

+./?.@. Reple in
$" When may the writ be issued

2# party praying for the reco ery of possession of personal property may, $t t!e ti%e of t!e 1o%%e(1e%e(t of t!e $1tio( or at $(y ti%e 3efore $(#"er, apply for an order for the deli ery of such property to him, in the manner hereinafter pro ided &1ection /, Rule @B". Reple in is one of the most ancient actions 7nown to law, ta7ing its name from the object of its process. It originated in common law as a remedy against the wrongful e5ercise of the right of distress for rent and, according to some authorities, could only be maintained in such a case. 'ut by the weight of authority, the remedy is not and ne er was restricted to cases of wrongful distress in the absence of any statutes relating to the subject, but is a proper remedy for any unlawful ta7ing. 2Reple ied, used in its technical sense, means deli ered to the owner, while the words 2to reple y means to reco er possession by an action of reple in.

/.,

%he law presumes that e ery possessor is a possessor in good faith. Ke is entitled to be respected and protected in his possession as if he were the true owner thereof until a competent court rules otherwise. 'efore a final judgment, property cannot be sei6ed unless by irtue of some pro ision of law. %he Rules of 4ourt, under Rule @B, authori6es such sei6ure in cases of reple in. Kowe er, a person see7ing a remedy in an action for reple in must follow the course laid down in the statute, since the remedy is penal in nature. When no attempt is made to comply with the pro isions of the law relating to sei6ure in this 7ind of action, the writ or order allowing the sei6ure is erroneous and may be set aside on motion by the ad erse party. 'e it noted, howe er, that a motion to quash the writ of reple in goes to the technical regularity of procedure, and not to the merits of the case in the principal action &%(R8P>AR#4( RIJ(R#, *etitioner, . )8<R(>4I< 8. J#RA#1, Respondent. A.R. >o. /@=?-=9 $une =, .BB-". b" Requisites c" #ffida it and bond; redeli ery bond 2%he applicant must show by his own affida it or that of other person who personally 7nows the facts! &a" %hat the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof; &b" %hat the property is wrongfully detained by the ad erse party, alleging the cause of detention thereof according to the best of his 7nowledge, information, and belief; T %hat the property has not been distrained or ta7en for a ta5 assessment or a fine pursuant to law, or sei6ed under a writ of e5ecution or preliminary attachment, or otherwise placed under custodial egis, or if so sei6ed, that it is e5empt from such sei6ure or custody; and &d" %he actual mar7et alue of the property. 2%he $&&li1$(t %'#t $l#o )i4e $ 3o(d, e5ecuted to the
/.?

ad erse party in double the alue of the property as stated in the affida it aforementioned, for the return of the property to the ad erse party if such return be adjudged, and for the payment to the ad erse party of such sum as he may reco er from the applicant in the action &1ection ., Rule @B". +./?.@./ %ruc7 sei6ed by D(>R for iolation of )orestry 8aws is not subject to reple in; property sei6ed by irtue of search warrant # suit for reple in cannot be sustained against officials of the D(>R for a truc7 which was sei6ed by them because it was transporting forest products without the required permit of the D(>R in manifest contra ention of 1ection @- of *D ,B@ & the )orestry 4ode" which warrants the confiscation as well as the disposition by the 1ecretary of D(>R or his duly authori6ed representati es of the con eyances used in iolating the pro isions of forestry laws. %he continued possession of the truc7 by the petitioners for administrati e forfeiture proceeding is legally permissible, hence, there can be no wrongful detention. %he suit for reple in is ne er intended as a procedural tool to question the orders of confiscation and forfeiture proceedings before the D(>R &*aat . 4ourt of #ppeals A.R.>o. ////B, $anuary /-, /--,, .@@ 14R# /@,". In li7e manner, property sei6ed by irtue of a search warrant cannot be the subject of reple in issued by another R%4 as the proper remedy is to question the alidity of the issuance of the search warrant &*ag7alinawan . Aome6 ./, 14R# /.,=" +./?.@... Where sei6ure is illegal and the article was deli ered to the custody of the court or where there is a reason to belie e that the sei6ure will not anymore be followed by the filing of the criminal action in court and there are conflicting claims, reple in will lie &'agalihog . )ernande6 /-? 14R# @/0; 4han . 4ourt of #ppeals, 9ay /,, /--+". 1ection =. Return of property &redeli ery bond" 2If the ad erse party objects to the sufficiency of the applicantDs bond or the surety or sureties thereon, he cannot
/.-

immediately require the return of the property, but if he does not so object, he may, at any time before deli ery of the property to the applicant, require the return there-of, by filing with the court where the action is pending a bond e5ecuted to the applicant, in double the alue of the property as stated in the applicantDs affida it for the deli ery thereof to the applicant, if such deli ery be adjudged, and for the payment of such sum to him as may be reco ered against the ad erse party, and by ser ing a copy of such bond on the applicant. d" 1heriffDs duty in the implementation of the writ; when property is claimed by third party 2If within fi e &=" days after the ta7ing of the property by the sheriff, the ad erse party does not object to the sufficiency of the bond, or of the surety or sureties thereon; or if the ad erse party so objects and the court affirms its appro al of the applicantDs bond or appro es a new bond, or if the ad erse party requires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an appro ed bond9 t!e &ro&erty #!$ll 3e deli4ered to t!e $&&li1$(t. If for any reason the property is not deli ered to the applicant, the #!eriff %'#t ret'r( it to t!e $d4er#e &$rty &1ection @, Rule @B" What shall the sheriff do if the property ta7en is claimed by a third person who ma7es an affida it of his title, or possession or grounds ser ing the same to the applicant and to the sheriffL #nswer! %he sheriff shall not be bound to 7eep the property under reple in or deli er it to the applicant unless the latter or his agent, on demand of said sheriff, files a bond appro ed by the court to indemnify the third;party claimant in a sum not less than the alue of the property under reple in. 'ut no claim for damages for the ta7ing or 7eeping of the property may be enforced unless the action therefor is filed within one hundred twenty days &/.B" from the filing of the bond. What is the rule if the writ is issued in fa or of the Republic of the *hilippinesL
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2When the writ of reple in is issued in fa or of the Republic of the *hilippines, the filing of the bond shall not be required, and in case the sheriff is sued for damages as a result of the reple in, he shall be represented by the 1olicitor Aeneral, and if held liable therefor, the actual damages adjudged by the court shall be paid by the >ational %reasurer out of the funds to be appropriated for the purpose &par. +, 1ection ,, Rule @B". +./-. S&e1i$l 1i4il $1tio(# +./-./. >ature of special ci il actions +./-... <rdinary ci il actions s. special ci il actions #n ordi($ry 1i4il $1tio( is one which a party sues another for the enforcement or &rotection of a right or the &re ention or redress of a wrong &1ec. / &a", Rule /, Rules of 4ourt". # #&e1i$l 1i4il $1tio( is a remedy by which any party #ee8# to e#t$3li#! $ #t$t'#9 $ ri)!t or $ &$rti1'l$r f$1t &1ec. /&c", Rule /." Declaration of heirship is improper in an ordinary ci il action since the matter is within the competence of special proceeding &8itam etc. . Ri era /BB *hil. +@0". In the recent case of Port')$l 4. Port')$l5Beltr$( +A.R.
>o. /=====, #ugust /@, .BB=, 0@, 14R# /?0" A.R. >o. /=====, #ugust /@, .BB=, 0@, 14R# /?0A.R. >o. /=====, #ugust /@, .BB=, 0@, 14R# /?0A.R. >o. /=====, #ugust /@, .BB=, 0@, 14R# /?0 , the

4ourt had the occasion to clarify its ruling on the issue at hand, to wit! %he common doctrine in 8itam, 1oli io and Auilas in which the ad erse parties are putati e heirs to the estate of a decedent or parties to the special proceedings for its settlement is that if the special proceedings are pending, or if there are no special proceedings filed but there is, under the circumstances of the case, a need to file one 9 t!e( t!e deter%i($tio( of9 $%o() ot!er i##'e#9 !eir#!i& #!o'ld 3e r$i#ed $(d #ettled i( #$id #&e1i$l &ro1eedi()#. Where special proceedings had been instituted but had been finally
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1lo#ed $(d ter%i($ted, howe er, or if a putati e heir has lost the right to ha e himself declared in the special proceedings as co;heir and !e 1$( (o lo()er $#8 for it# re5 o&e(i()9 then an ordinary ci il action can be filed for his declaration as heir in order to bring about the annulment of the partition or distribution or adjudication of a property or properties belonging to the estate of the deceased. )#G1%I>< R(P(1, (1*(RIDI<> R(P(1, $G8I(%# 4. RIJ(R#, and (G%IHGI< DI4<, $R., *etitioners, *(%(R '. (>RIHG(I, for himself and #ttorney;in;)act of his daughter D('<R#K #>> 4. (>RIHG(I, and 1*1. DI<>I1I< )(R>#>D(I and 4#%#8I># )(R>#>D(I, A.R. >o. /@.-=@ #pril /B, .BB?". +./-.+ $urisdiction and enue +./-.0. Interpleader a" Requisites for interpleader b" When to file 2Whene er conflicting claims upon the subject matter are or may be made against a person who claims no interest whate er in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their se eral claims among themsel es &1ection /, Rule @.". )or an action in interpleader to succeed, the following requirements must be present! ,. %he plaintiff 1l$i%# (o i(tere#t i( t!e #'3?e1t %$tter or !i# 1l$i% t!ereto i# (ot di#&'ted; 2. %here must 3e $t le$#t t"o or more conflicting claimants; 7. %he &$rtie# to be interpleaded must %$8e effe1ti4e 1l$i%#; and B. %he subject matter must be o(e $(d t!e #$%e. T!e e##e(1e of $( i(ter&le$der, aside from the disa owal of the interest in the property in litigation on the part of the petitioner, i# t!e de&o#it of t!e &ro&erty or
/+.

f'(d# i( 1o(tro4er#y "it! t!e 1o'rt. It is a rule founded on justice and equity! 2that the plaintiff may not continue to benefit from the property or funds in litigation during the pendency of the suit at the e5pense of whoe er will ultimately be decided as entitled thereto. &(ternal Aardens 9emorial *ar7s 4orp. . I#4, /@= 14R# 0+-". In a case, the 1upreme 4ourt ruled! %he action of interpleader is a remedy whereby a person who has property whether personal or real, in his possession, or an obligation to render wholly or partially, without claiming any right in both, or claims an interest which in whole or in part is not disputed by the conflicting claimants, comes to court and as7s that the persons who claim the said property or who consider themsel es entitled to demand compliance with the obligation, be required to litigate among themsel es, in order to determine finally who is entitled to one or the other thing. %he remedy is afforded not to protect a person against a double liability but to protect him against a double e5ation in respect of one liability. When the court orders that the claimants litigate among themsel es, there arises in reality a new action and the former are styled interpleaders, and in such a case the pleading which initiates the action is called a complaint of interpleader and not a cross;complaint &OSCAR M. HERRERA9 III REMEDIAL LAW ,=2 +,---0
citing Al4$re@9 et $l. v Co%%o("e$lt!9 et $l.9 A/ P!il. 7.2 +,-7=0.

+./-.= Declaratory reliefs and similar remedies a" Who may file the action 2#ny person interested under a deed, "ill, 1o(tr$1t or other "ritte( i(#tr'%e(t, whose ri)!t# $re $ffe1ted 3y a statute, e5ecuti e order or regulation, ordinance, or any other go ernmental regulation may, before breach or iolation thereof, bring an action in the appropriate Regional %rial 4ourt to determine any question of construction or alidity arising, and for a declaration of his rights or duties, hereunder.

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2A( $1tio( for t!e refor%$tio( of $( i(#tr'%e(t9 to D'iet title to re$l &ro&erty or re%o4e 1lo'd# t!erefro%9 or to 1o(#olid$te o"(er#!i& '(der Arti1le ,A.> of t!e Ci4il Code9 %$y 3e 3ro')!t '(der t!i# R'le &1ection /, Rule @+". b" Requisites of action for declaratory relief /" %here must be a justifiable contro ersy; ." %he contro ersy must be between persons whose interest are ad erse; +" %he parties must ha e le)$l i(tere#t in the contro ersy; 0" %he 1o(tro4er#y %'#t 3e ri&e for judicial determination =" %he petition must be filed 3efore t!ere i# $ 3re$1! or 4iol$tio(. c" When court may refuse to ma7e judicial declaration 2(5cept in actions falling under the second paragraph of 1ection / of this Rule &$1tio(# for refor%$tio( of i(#tr'%e(t9 D'iet title9 $(d 1o(#olid$tio( of o"(er#!i& ", the court motu proprio or upon motion, may ref'#e to e:er1i#e t!e &o"er to de1l$re ri)!t# $(d to 1o(#tr'e i(#tr'%e(t# in any case where a decision would not terminate the uncertainty or contro ersy which ga e rise to the action, or in any case where the declaration or construction is not necessary and proper under the circumstances &1ection =, Rule @+". d" 4on ersion to ordinary action 2If 3efore t!e fi($l ter%i($tio( of t!e 1$#e , $ 3re$1! or iolation of an instrument or a statute, e5ecuti e order or regulation, ordinance, or any go ernmental regulation #!o'ld t$8e &l$1e, the $1tio( t!ere'&o( 3e 1o(4erted i(to $( ordi($ry $1tio(9 and the parties shall be allowed to file such pleadings as may be necessary or proper &1ection @, Rule @+". e" *roceedings considered as similar remedies
/+0

/. Reformation of instrument .. 4onsolidation of ownership +. Huieting of title to real property /. Refor%$tio( of i(#tr'%e(t. 2When there ha ing been $ %eeti() of t!e %i(d# of t!e &$rtie# to a contract, their tr'e i(te(tio( i# (ot e:&re##ed i( t!e i(#tr'%e(t purporting to embody the agreement, by reasons of mista7e, inequitable conduct or accident, one of the parties may as7 for the reformation of the instrument to the end that the true intention may be e5pressed. If mista7e, fraud, inequitable conduct, or accident has pre ented a meeting of the minds of the parties, the proper remedy is not reformation of the instrument but annulment of the contract &#rt. /+=- >44". /./ Requisites for the action for reformation a" %here must be meeting of minds; b" %he true intention is not e5pressed in the instrument; c" %here must be clear and con incing proof thereof; d" It must be brought within the prescripti e period; e" %he document must not refer to a simple unconditional donation inter i os &#rt. /+@@" or wills &/+@@" or to a contract where the real agreement is oid &#rt. /+@@". .. Co(#olid$tio( of o"(er#!i& : 2In case of real property, the consolidation of ownership in the endee by irtue of the failure of the endor to comply with the pro isions of article /@/@ shall not be recorded in the Registry of *roperty without a judicial order, after the endor has been duly heard &#rt. /@B,". #rt. /@/@. %he endor cannot a ail himself of the right of repurchase without returning to the endee the price of the sale, and in addition &/" %he e5penses of the contract, and any other legitimate payments made by reason of the sale; &." %he necessary and useful e5penses made on the thing sold.
/+=

+. Huieting of title #n action to remo e a cloud or to quiet title to real property may be brought in court whene er there is a cloud on title to real property or any interest therein by reason of any instrument, record, claim, encumbrance or proceeding which is apparently alid or effecti e but is in truth and in fact in alid, ineffecti e, oidable, or unenforceable, and may be prejudicial to said title &#rt. 0,@, >44". +./-.@. Re iew of judgments and final orders or resolution of the 4<9(8(4 and 4<# a" #pplication of Rule @= under Rule @0 Rule @0 go erns the re iew by the 1upreme 4ourt of judgments and final orders or resolutions of the 4ommission on (lections and the 4ommission on #udit. %his Rule implements the /-?, constitutional pro ision which states! 2Gnless otherwise pro ided by this 4onstitution or by law, any decision, order or ruling of each 4ommission may 3e 3ro')!t to t!e S'&re%e Co'rt o( 1ertior$ri by the aggrie ed party within t!irty +7.0 d$y# from the receipt of a copy thereof 2 &1ection ,, #rticle IS". %he 1upreme 4ourt held that 2judgments of the 4ommission may be brought to the 1upreme 4ourt through certiorari alone, under Rule @= of the Rules of 4ourt and declared! It is at once e ident from these constitutional and statutory modifications that there is a definite tendency to enhance and in igorate the role of the 4ommission on (lections as the independent body charged with the safe guarding of free, peaceful and honest elections. %he framers of the 4onstitution must be presumed to ha e definite 7nowledge of what it means to ma7e the decisions orders and rulings of the 4ommission 2subject to re iew by the 1upreme 4ourt. #nd since instead of maintaining the pro ision intact, it ordained that the 4ommissionDs actuations be instead 2brought to the 1upreme 4ourt on certiorari, We cannot insist that there was no intent to change the nature of the remedy, considering that the
/+@

limited scope of certiorari, compared to a re iew, is well 7nown in remedial law &Dario . 9ison, A.R. >o. ?/-=0, #ugust ?, /-?-, /,@ 14R# ?-". Republic #ct ,-B. pro ides for appeal of the 4i il 1er ice 4ommission to the 4ourt of #ppeals. 4ertiorari under Rule @=, as applied to other tribunals, persons and officers, pro ides for the period of si5ty &@B" days to file the petition but for the 4<9(8(4 and the 4<# the filing of certiorari under Rule @= should be done within the period of thirty &+B" days. (ffect of filing : 2%he filing of a petition for certiorari #!$ll (ot #t$y t!e e:e1'tio( of t!e ?'d)%e(t or fi($l order or re#ol'tio( #o')!t to 3e re4ie"ed, unless the 1upreme 4ourt shall direct otherwise upon such terms as it may deem just &1ection ?, Rule @0". +./-., 4ertiorari, prohibition and mandamus a" Definitions and distinctions Certior$ri is a writ issued from a superior court to any inferior court, board or officer, e5ercising judicial or quasi; judicial functions whereby the record o! a particular case is ordered elevated up !or revie and correction in matters o! la &9eralco 1ecurities Industries 4orp. . 4entral 'oard of #ssessment #ppeals, //0 14R# .@B". Pro!i3itio( is a writ by which a superior court &re4e(t# inferior courts, a corporation, board or persons fro% '#'r&i() or e:er1i#i() $ ?'ri#di1tio( or $ &o"er "it! "!i1! t!ey !$4e (ot 3ee( 4e#ted 3y l$" &9ataguina Integrated Wood *roducts Inc. . 4#, .@+ 14R# 0-B&/--@". M$(d$%'# is a writ issued in the name of the 1tate, to an inferior tribunal, a corporation, board or person, commanding the performance of an act which the law enjoins as a duty resulting from an office, trust or station &+ 9oran, /-?B ed.".
/+,

i. 4ertiorari distinguished from appeal by certiorari #ppeal and 4ertiorari Distinguished 'etween an appeal and a &etitio( for 1ertior$ri, there are substantial distinctions which shall be e5plained below. A# to t!e P'r&o#e. 4ertiorari is a remedy designed for the correction of errors of jurisdiction, (ot error# of ?'d)%e(t. In *ure )oods 4orporation . >8R4 &*ure )oods 4orp. . >8R4, supra, pp. 0.@;0.,, per Regalado, $." , we e5plained the simple reason for the rule in this light! WWhen a court e5ercises its jurisdiction, an error committed while so engaged does not depri e it of the jurisdiction being e5ercised when the error is committed. If it did, e ery error committed by a court would depri e it of its jurisdiction and e ery erroneous judgment would be a oid judgment. %his cannot be allowed. %he administration of justice would not sur i e such a rule. 4onsequently, an error of judgment that the court may commit in the e5ercise of its jurisdiction is not correctible through the original ci il action of certiorari.W %he super isory jurisdiction of a court o er the issuance of a writ of certiorari cannot be e5ercised for the purpose of re iewing the intrinsic correctness of a judgment of the lower court ;; on the basis either of the law or the facts of the case, or of the wisdom or legal soundness of the decision. ( en if the findings of the court are incorrect, as long as it has jurisdiction o er the case, such correction is normally 3eyo(d the pro ince of certiorari. Where the error is not one of jurisdiction, but of an error of l$" or f$1t ;; a %i#t$8e of ?'d)%e(t 55 $&&e$l i# t!e re%edy. A# to t!e M$((er of Gili(). < er an appeal, the 4# e5ercises its appellate jurisdiction and power of re iew. < er a certiorari, the higher court uses its original jurisdiction in accordance with its power of control and super ision o er the proceedings of lower courts. A( $&&e$l i# t!'# $ 1o(ti('$tio( of t!e ori)i($l #'it9 while a petition for 1ertior$ri i# $( ori)i($l $(d i(de&e(de(t $1tio( t!$t "$# (ot &$rt of t!e tri$l t!$t !$d re#'lted i(
/+?

t!e re(ditio( of t!e ?'d)%e(t or order 1o%&l$i(ed of . %he parties to an $&&e$l are the original parties to the action. In contrast, the &$rtie# to $ &etitio( for 1ertior$ri are the aggrie ed party &who thereby becomes the petitioner" against the lower court or quasi;judicial agency, and the pre ailing parties &the public and the pri ate respondents, respecti ely". A# to t!e S'3?e1t M$tter. <nly judgments or final orders and those that the Rules of 4ourt so declare are appealable. 1ince the issue is jurisdiction, an original action for certiorari may be directed against an interlocutory order of the lower court prior to an appeal from the judgment; or where there is no appeal or any plain, speedy or adequate remedy. A# to t!e Period of Gili() . <rdinary appeals should be filed within fiftee( d$y# from the notice of judgment or final order appealed from. Where a record on appeal is required, the appellant must file a notice of appeal and a record on appeal "it!i( t!irty days from the said notice of judgment or final order. # &etitio( for re4ie" should be filed and ser ed within fifteen days from the notice of denial of the decision, or of the petitionerDs timely filed motion for new trial or motion for reconsideration. In $( $&&e$l 3y 1ertior$ri, the petition should be filed also within fifteen days from the notice of judgment or final order, or of the denial of the petitionerDs motion for new trial or motion for reconsideration. <n the other hand, $ &etitio( for 1ertior$ri should be filed not later than #i:ty d$y# fro% t!e (oti1e of ?'d)%e(t , order, or resolution. If a motion for new trial or motion for reconsideration was timely filed, the period shall be counted from the denial of the motion. A# to t!e Need for $ Motio( for Re1o(#ider$tio( . # motion for reconsideration i# )e(er$lly reD'ired &rior to the filing of a petition for certiorari, in order to afford the tribunal an opportunity to correct the alleged errors. >ote also that this motion is a plain and adequate remedy e5pressly a ailable under the law. 1uch motion is not required before appealing a judgment or final order.
/+-

4ertiorari >ot the *roper Remedy if #ppeal Is # ailable Where appeal is a ailable to the aggrie ed party, the action for certiorari will not be entertained. Remedies of appeal &including petitions for re iew" and certiorari are mutually e5clusi e, not alternati e or successi e. Kence, certiorari is not and cannot be a substitute for an appeal, especially if oneDs own negligence or error in oneDs choice of remedy occasioned such loss or lapse. <ne of the requisites of certiorari is that there be no a ailable appeal or any plain, speedy and adequate remedy. Where an appeal is a ailable, certiorari will not prosper, e en if the ground therefor is gra e abuse of discretion &9#DRIA#8 %R#>1*<R%,I>4.,petitioner, s.8#*#>D#P K<8DI>A1 4<R*<R#%I<>; 9#4<>DR#P #>D 4<9*#>P, I>4.; and 8GI1 *. 8<R(>I< $R., respondents, A.R. >o. /=@B@,, #ugust //, .BB0". E:1e&tio(#! %he rule that certiorari is not a substitute for appeal admits of e5ceptions! /. When the questioned order is an oppressi e e5ercise of authority &4o 4huan 1eng . 4#, /.? 14R# +B?; 'autista . 1armiento, A.R. >o. 8;0=/+,, 1eptember .+, /-?=, /+? 14R# =?,"; .. #n appeal may also be considered as a petition for certiorari &*eople . 'aladjay, //+ 14R# .?0, .?,"; +. #n appeal made from an interlocutory order of default may be treated as a certiorari to pre ent injustice &#7ut . 4#, //@ 14R%# .0 &/-?."; 0. In some cases the fact that the error is a mere error of judgment and not of jurisdiction correctible by appeal and not by certiorari has been considered as a mere technicality which would ha e accomplished nothing substantial e5cept to deny to the petitioner the right to litigate the matter raised &%an 'oon 'ee and 4o., Inc., . $arencio, /@+ 14R# .B= &/B??"

/0B

=. 4apricious dismissal of criminal actions &*eople . 4astaneda, /@= 14R# +., &/-??" &Kerrera, Remedial 8aw, Jol. III /--- (d." ii. Certior$ri di#ti()'i#!ed fro% &ro!i3itio( # special ci il action for certiorari is an original or independent action and not a continuation or a part of the trial resulting in the rendition of the judgment complained of &*alomares . $imene6, -B *hil. ,,+, ,,@ &E/-=.F". %he same holds true in case of a special ci il action for prohibition. %hese writs may be issued by the 1upreme 4ourt, the 4ourt of #ppeals and the Regional %rial 4ourt &'atas *ambansa 'lg. /.-". In a special ci il action for certiorari, the petitioner see7s to $(('l or %odify t!e &ro1eedi()# of any tribunal, board, or officer e$ercising judicial !unctions t!$t !$# $1ted "it!o't or i( e:1e## of ?'ri#di1tio(9 or "it! )r$4e $3'#e of di#1retio( &1ection /, Rule @=" <n the other hand, in a &etitio( for prohibition directed against $(y tribunal, corporation, board or person "!et!er e:er1i#i() judicial, or ministerial !unctions who has acted without or in e5cess of jurisdiction or with gra e abuse of discretion, the petitioner prays that judgment be rendered 1o%%$(di() t!e re#&o(de(t to de#i#t fro% f'rt!er &ro1eedi() i( t!e $1tio( or %$tter #&e1ified i( t!e &etitio( &1ection ., Rule @=" Certiorari is intended to $(('l &ro1eedi()# whereas prohibition is intended to &re4e(t $ &o"er $3o't to 3e e:er1i#ed "it!o't ?'ri#di1tio(. 4ertiorari is a 1orre1ti4e remedy and refers to acts already consummated, while prohibition is &re4e(ti4e to restrain the doing of some act which is about to be done &4abanero . %orres, @/ *hil. =..".

iii. 4ertiorari, prohibition and mandamus distinguished from injunction

/0/

Certior$ri is a writ issued from a superior court to any inferior court, board or officer, e5ercising judicial or quasi; judicial functions whereby the record of a particular case is ordered ele ated up for re iew and correction in matters of law &9eralco 1ecurities Industries 4orp. . 4entral 'oard of #ssessment #ppeals, //0 14R# .@B". Pro!i3itio( is a writ by which a superior court pre ents inferior courts, a corporation, board or persons from usurping or e5ercising a jurisdiction or a power with which they ha e not been ested by law &9ataguina Integrated Wood *roducts Inc. . 4#, .@+ 14R# 0-B&/--@". M$(d$%'# is a writ issued in the name of the 1tate, to an inferior tribunal, a corporation, board or person, commanding the performance of an act which the law enjoins as a duty resulting from an office, trust or station &+ 9oran, /-?B ed.". I(?'(1tio( is a &re#er4$ti4e re%edy aimed at no other purpose than to protect the complainantDs substanti e rights and interests during the pendency of the principal action & 4agayan de <ro 4ity 8andless Residents #ssoc., Inc. . 4ourt of #ppeals, .=0 14R# ..B, 9arch 0, /--@". Injunction, li7e other equitable remedies, should be issued only at the instance of a suitor who has sufficient interest in or title to the right or the property sought to be protected &1aulog . 4ourt of #ppeals, .@. 14R# =/, 1eptember /?, /--@". In particular, the e5istence of the right and the iolation thereof must appear in the allegations of the complaint/ and must constitute at least a prima facie showing of a right to the final relief. %hus, there are two requisite conditions for the issuance of a preliminary injunction, namely, &/" the right to be protected e5ists prima facie, and &." the acts sought to be enjoined are iolati e of that right. It must be pro en that the iolation sought to be pre ented would cause an irreparable injustice. )urther, while a clear showing of the right is necessary, its e5istence need not be conclusi ely established. In fact, the e idence required to justify the issuance of a writ of preliminary injunction in the hearing thereon need not be conclusi e or complete. %he e idence need only be a
/0.

WsamplingW intended merely to gi e the court an idea of the justification for the preliminary injunction, pending the decision of the case on the merits. %hus, to be entitled to the writ, respondents are only required to show that they ha e the ostensible right to the final relief prayed for in their 4omplaint &8<1 '#X<1 RGR#8 '#>3, I>4., petitioner, s. *#4I%# <. #)RI4#, A8<RI# #)RI4#, #>%<>I< #)RI4#, #RI1%(< #)RI4#, 1<4<RR< #)RI4#, 4<>1G(8< #)RI4#, #>D 8<GRD(1 #)RI4#, respondents, A.R. >o. /0+--0, $uly //, .BB." 9andamus is a affirmati e remedy commanding certain things to be done while prohibition is a negati e remedy which forbids the doing of certain things which ought not to be done. 9andamus has for its object to compel compliance with a function which the law prescribes as a duty resulting from an office, trust or station while, prohibition has for its object to pre ent one from e5ecuting or continuing to e5ecute an act. 9andamus recogni6es the jurisdiction of the 4ourt before which the proceeding is pending, prohibition stri7es at once to the jurisdiction of the 4ourt. i . Remedy against denial of petition for certiorari and prohibition In case of denial of a petition for certiorari and prohibition by the trial court, the remedy is an <RDI>#RP #**(#8 to the 4ourt of #ppeals by filing a notice of appeal withy the court that rendered the judgment or order. )ailure to appeal within fifteen &/=" days from rendition of judgment renders the appealed decision final and e5ecutory & (leuterio 4. *ere6 . 4# and the *eople of the *hilippines, A.R. >o. ?B?+?, >o ember .-, /-??, /@? 14R# .+@". 30 ReD'i#ite# )or certiorari!

/0+

/. It is directed against a tribunal, board or officer e5ercising judicial or quasi;judicial functions; .. 1uch tribunal, board or officer has acted without or in e5cess of jurisdiction or with gra e abuse of discretion; +. %here is no appeal nor plain, speedy, and adequate remedy in the ordinary course of law; 0. *etition is erified and must allege facts with certainty; and =. *etition accompanied with certified true copies of the judgment or order sought to be annulled and copies of all pleadings and documents rele ant and pertinent thereto &1ection /, Rule @=". )or prohibition! /. It is directed against a tribunal, corporation, board or officer e5ercising judicial, quasi;judicial, or ministerial functions; .. 1uch tribunal, corporation, board or officer acted without or in e5cess of its or his jurisdiction, or with gra e abuse of discretion amounting to lac7 or e5cess of jurisdiction +. %here is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law; 0. *etition is erified and must allege facts with certainty; and =. *raying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein or otherwise granting such incidental reliefs as law and justice may require. @. *etition accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies
/00

of all pleadings and documents rele ant and pertinent thereto, and ,. 1worn certification &1ection., Rule @=". )or mandamus /. #gainst any tribunal which unlawfully neglects the performance of an act which the law specifically enjoins as a duty; .. In case any corporation, board or person unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an office, trust, or station; +. In case any tribunal, corporation, board or person unlawfully e5cludes another from the use and enjoyment of a right or office to which such other is legally entitled; and 0. %here is no other plain, speedy, and adequate remedy in the ordinary course of law. )or *reliminary Injunction &2strong arm of equity or a 2transcendent remedy" /. %here must be right in esse or the e5istence of a right to be protected. .. %he act against which the injunction is to be directed is a iolation of such right &#rcega . 4# A.R. >o. /...B@ $uly ,, /--,". It is a deeply ingrained doctrine in *hilippine remedial law that a preliminary injuncti e writ under Rule =?, issues only upon a showing of the applicantDs Wclear legal rightW being iolated or under threat of iolation by the defendant. W4lear legal right,W within the meaning of Rule =?, contemplates a right Wclearly founded in or granted by law.W& (S(4G%IJ( 1(4R(%#RP, 1(4R(%#RP <) )I>#>4(, 4<99I11I<>(R <) 4G1%<91, DI1%RI4% 4<88(4%<R <) 4G1%<91, *ort of #parri,
/0=

of

non;forum

shopping

4agayan, DI1%RI4% 4<88(4%<R <) 4G1%<91, *ort of 1an )ernando, 8a Gnion, and K(#D <) %K( 8#>D %R#>1)<R%#%I<> <))I4(, *etitioners, s. )<R(RG>>(R 9G8%I R(1<GR4(1, I>4., Respondent A.R. >o. /--+.0 $anuary ,, .B/+". >ote ! Difference among injunction, prohibition and mandamus /. Injunction is directed only to party litigants. . . *rohibition is directed to a court, commanding it to cease from e5ercising a jurisdiction to which it has no legal claim. +. 9andamus is a remedial writ to redress past grie ances. c" When petition for certiorari, prohibition and mandamus proper c./. When is a petition for writ of certiorari properL Gnder 1ection / &c" of Rule 0/ of the Rules of 4ourt, (o $&&e$l %$y 3e t$8e( fro% $( i(terlo1'tory order. #n interlocutory order is one that does not dispose of the case completely but lea es something to be decided upon. #n order granting or denying an application for preliminary injunction is interlocutory in nature and, hence, not appealable. Instead, the proper remedy is to file a *etition for 4ertiorari andRor *rohibition under Rule @= & 4ity of >aga . #suncion, A.R. >o. /,0B0., - $uly .BB?, ==, 14R# =.?; %ambaoan . 4ourt of #ppeals, 0/, *hil. @?+ &.BB/". # petition for certiorari under Rule @= of the Rules of 4ourt is $ &le$di() li%ited to 1orre1tio( of error# of ?'ri#di1tio( or )r$4e $3'#e of di#1retio( $%o'(ti() to l$18 or e:1e## of ?'ri#di1tio(. Its principal office is to 7eep the inferior court within the parameters of its jurisdiction or to pre ent it from committing such a gra e abuse of discretion
/0@

amounting to lac7 or e5cess of jurisdiction. It %$y i##'e o(ly "!e( t!e follo"i() reD'ire%e(t# $re $lle)ed i( $(d e#t$3li#!ed 3y t!e &etitio(: +,0 that the writ is directed against a tribunal, a board or any officer e5ercising judicial or quasi;judicial functions; +20 that such tribunal, board or officer has acted without or in e5cess of jurisdiction, or with gra e abuse of discretion amounting to lac7 or e5cess of jurisdiction; and +70 that there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law &(quitable;*4I 'an7 Inc. . #purillo, A.R. >o. /@?,0@, = >o ember .BB-, @B= 14R# +B, 0.;0+ citing *eople . 4ourt of #ppeals, 0@? *hil. /, /B &.BB0"; 1al acion . 1andiganbayan, A.R. >o. /,=BB@, ., >o ember .BB?, =,. 14R# /@+, /?B;/?/; (quitable;*4I 'an7 Inc. . #purillo, A.R. >o. /@?,0@, = >o ember .BB-, @B= 14R# +B, 0.;0+ citing *eople . 4ourt of #ppeals, 0@? *hil. /, /B &.BB0"; 1al acion . 1andiganbayan, A.R. >o. /,=BB@, ., >o ember .BB?, =,. 14R# /@+, /?B;/?/; 4()(RI># 8<*(I *etitioner,; ersus; 1*<G1(1 #*<8I>#R *. #>%#I< and A(><J(J# <. #>%#I< , Respondents, A.R. >o. /?,.B?, )ebruary .+, .B//". #lso, 2When this 4ourt e5ercises its constitutional power of judicial re iew, howe er, we ha e, by tradition, iewed the "rit# of 1ertior$ri $(d &ro!i3itio( $# &ro&er re%edi$l 4e!i1le# to te#t t!e 1o(#tit'tio($lity of #t$t'te#9 and indeed, of acts of other branches of go ernment. Issues of constitutional import are sometimes crafted out of statutes which, while ha ing no bearing on the personal interests of the petitioners, 1$rry #'1! rele4$(1e i( t!e life of t!i# ($tio( t!$t t!e Co'rt i(e4it$3ly fi(d# it#elf 1o(#tr$i(ed to t$8e 1o)(i@$(1e of t!e 1$#e $(d &$## '&o( t!e i##'e# r$i#ed9 (o(51o%&li$(1e "it! t!e letter of &ro1ed'r$l rules notwithstanding. %he statute sought to be re iewed here is one such law &*R<). 9(R8I> 9. 9#A#88<># et al, . K<>. (DG#RD< (R9I%#, I> KI1 4#*#4I%P #1 (S(4G%IJ( 1(4R(%#RP et al. A.R. /?,/@,, $uly /@, .B//"
/0,

c... When is a writ of prohibition properL %he writ of prohibition is an e5traordinary remedy to pre ent the unlawful and oppressi e e5ercise of legal authority and to pro ide for a fair and orderly administration of justice. It is $4$il$3le o(ly "!e( t!ere i# (o $&&e$l or $(y &l$i(9 #&eedy $(d $deD'$te re%edy i( t!e ordi($ry 1o'r#e of l$"9 $(d "!e( t!e &ro1eedi()# $re do(e "it!o't or i( e:1e## of ?'ri#di1tio( or "it! )r$4e $3'#e of di#1retio(. %he petitioner must allege in his petition and establish facts to show that any other e5isting remedy is not speedy or adequate. # remedy is plain, speedy and adequate if it will promptly relie e the petitioner from the injurious effects of that judgment and the acts of the tribunal or inferior court. )urther, the writ will not lie to correct errors of judgment but only errors of jurisdiction. #s long as the tribunal acts within its jurisdiction, any alleged errors committed in the e5ercise of its discretion will amount to nothing more than mere errors of judgment which are correctible by a timely appeal. In determining whether a tribunal acted in gra e abuse of discretion, %ere $3'#e of di#1retio( i# (ot e(o')!. %here must be )r$4e $3'#e of discretion as where the tribunal e5ercised its power in an arbitrary or despotic manner, by reason of passion or personal hostility, and it must be so patent or gross as would amount to an e asion, or irtual refusal to perform the duty enjoined, or to act in contemplation of law &Jergara . Rugue, A.R. >o. 8; +.-?0, #ugust .@, /-,,, ,? 14R# +/., +.+; R<8#>D< %#>, (8(># %#> and 8#9'(R%< %#>, *etitioners, . %K( K<><R#'8( 4<GR% <) #**(#81, K<>. K(R9(1 '. 9<>%(R<, in his capacity as #ssistant *ro incial *rosecutor, and the *(<*8( <) %K( *KI8I**I>(1, Respondents, $une ?, .BB,B" 4.+. When is writ of mandamus properL # writ of mandamus is proper to compel the issuance of a writ of e5ecution. In such a case, the
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person to whom the writ is addressed has no option but to obey the writ. Refusal to obey it is clearly a iolation of the order of, and a manifest disrespect towards, a court of superior jurisdiction &F8umapas . $udge %amin, +?- *hil. ,+B, ,+@ &.BBB", citing %oledo;'anaga . 4ourt of #ppeals, +B. 14R# ++/, +0+ &/---". 9andamus lies to compel the performance, when refused, of a ministerial duty, but not to compel the performance of a discretionary duty. # purely ministerial act or duty is one which an officer or tribunal performs in a gi en state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to or the e5ercise of his own judgment upon the propriety or impropriety of the act done. %he duty is ministerial only when the discharge of the same requires neither the e5ercise of official discretion or judgment. When an official is required and authori6ed to do a prescribed act upon a prescribed contingency, his functions are ministerial only, and mandamus may be issued to control his action upon the happening of the contingency. 2)or a writ of mandamus to be issued, it is essential that petitioner should ha e a clear legal right to the thing demanded and it must be the imperati e duty of the respondent to perform the act required. %he writ neither confers powers nor imposes duties. It is simply a command to e5ercise a power already possessed and to perform a duty already imposed. 9andamus applies as a remedy only where petitionerDs right is founded clearly in law and not when it is doubtful. %he writ will not be granted where its issuance would be una ailing, nugatory, or useless &$A 1ummit Koldings, Inc. . 4ourt of #ppeals, +-? *hil. -==, -,B;-,/ &.BBB". d" Injuncti e relief %he writ of preliminary injunction, whether prohibitory or mandatory, is sought for the protection of the rights of a party before the final determination of his rights is;[; is others 2in a pending case before the
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court. It will issue only upon showing that there e5ists a clear and present right to be protected and that the facts upon which the writ is directed are iolati e of said right &'uayan 4attle 4o., Inc. . Huintillan, A.R. >o. 8;.@-,B, 9arch /-, /-?0, /.? 14R# .,@". e" (5ceptions to filing of motion for reconsideration before filing petition # motion for reconsideration is a condition precedent to the filing of a petition for certiorari. Kowe er, the 4ourt has recogni6ed e5ceptions to the requirement, such as! +$0 when it is necessary to pre ent irreparable damages and injury to a party; +30 where the trial judge capriciously and whimsically e5ercised his judgment; +10 where there may be danger of a failure of justice; +d0 where an appeal would be slow, inadequate, and insufficient; +e0 where the issue raised is one purely of law; &f" where public interest is in ol ed; and &g" in case of urgency &Aarrido . %ortogo, A.R. >o. /=@+=?, #ugust /,, .B//"; >emia 4astro, *etitioner s. Rosalyn Aue arra and $amir Aue arra, Respondents A.R. >o. /-.,+, #pril .=, .B/.". It is true that the original te5t of 1ection /, Rule 0/ of the /--, Rules of 4i il *rocedure e5pressly limited an appeal to a judgment or final order, and proscribed the ta7ing of an appeal from an order denying a motion for new trial or reconsideration, among others, i6! 1ection /. 1ubject of appeal. N #n appeal may be ta7en from a judgment or final order that completely disposes of the case or of a particular matter therein when declared by these Rules to be appealable. >o appeal may be ta7en from! &a" #n order denying a motion for new trial or reconsideration; &b" #n order denying a petition for relief or any similar motion see7ing relief from judgment; &c" #n interlocutory order;
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&d" #n order disallowing or dismissing an appeal; &e" #n order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mista7e or duress, or any other ground itiating consent; &f" #n order of e5ecution; &g" # judgment or final order for or against one or more of se eral parties or in separate claims, counterclaims, cross;claims and third;party complaints, while the main case is pending, unless the court allows an appeal therefrom; and &h" #n order dismissing an action without prejudice. In all the abo e instances where the judgment or final order is not appealable, the aggrie ed party may file an appropriate special ci il action under Rule @=. %he inclusion of the order denying a motion for new trial or a motion for reconsideration in the list of issuances of a trial court not subject to appeal was by reason of such order not being the final order terminating the proceedings in the trial court. %his nature of the order is reflected in 1ection - of Rule +, of the /--, Rules of 4i il *rocedure, which declares that such order denying a motion for new trial or reconsideration is not appealable, t!e re%edy 3ei() $( $&&e$l fro% t!e ?'d)%e(t or fi($l order.* In Keirs of 1pouses %eofilo 9. Reterta and (lisa Reterta . 1pouses 8oren6o 9ores and Jirginia 8ope6 &A.R. >o. /=--0/, #ugust /,, .B//, @== 14R# =?B, =-." the 4ourt further e5pounded! %he restriction against an appeal of a denial of a motion for reconsideration independently of a judgment or final order is logical and reasonable. A %otio( for re1o(#ider$tio( i# (ot &'tti() for"$rd $ (e" i##'e , or &re#e(ti() (e" e4ide(1e, or 1!$()i() t!e t!eory of t!e 1$#e9 but is only see+ing a reconsideration o! the judgment or !inal order based on the same issues, contentions, and evidence either because5 .a& the damages a arded are e$cessive# or .b& the evidence is insu!!icient to justi!y the decision or !inal order# or .c& the decision or !inal order is contrary to la .
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'y denying a motion for reconsideration, or by granting it only partially, therefore, a trial court finds no reason either to re erse or to modify its judgment or final order, and lea es the judgment or final order to stand. %he re%edy fro% t!e de(i$l i# to $##$il t!e de(i$l i( t!e 1o'r#e of $( $&&e$l of t!e ?'d)%e(t or fi($l order it#elf. In Huelnan . JK) *hilippines, Inc. &A.R. >o. /0=-//, $uly ,, .BB0, 0++ 14R# @+/, @+-", howe er, the 4ourt has interpreted the proscription against appealing the order denying a motion for reconsideration to refer only to a motion for reconsideration filed against an interlocutory order, not to a motion for reconsideration filed against a judgment or final order, to wit! 2%his 4ourt finds that the proscription against appealing from an order denying a motion for reconsideration refers to an interlocutory order, and not to a final order or judgment. %hat that was the intention of the abo e; quoted rules is gathered from *agta7han . 4IR, +14R# 0== &/-,/", cited in abo e;quoted portion of the decision in Republic, in which this 4ourt held that an order denying a motion to dismiss an action is interlocutory, hence, not appealable. %he rationale behind the rule proscribing the remedy of appeal from an interlocutory order is to pre ent undue delay, useless appeals and undue incon enience to the appealing party by ha ing to assail orders as they are promulgated by the court, when they can be contested in a single appeal. %he appropriate remedy is thus for the party to wait for the final judgment or order and assign such interlocutory order as an error of the court on appeal. T!e de(i$l of t!e %otio( for re1o(#ider$tio( of $( order of di#%i##$l of $ 1o%&l$i(t i# (ot $( i(terlo1'tory order9 !o"e4er9 but a !inal order as it puts an end to the particular matter resolved, or settles de!initely the matter therein disposed o!, and nothing is le!t !or the trial court to do other than to e$ecute the order. Not 3ei() $( i(terlo1'tory order9 $( order
/=.

de(yi() $ %otio( for re1o(#ider$tio( of $( order of di#%i##$l of $ 1o%&l$i(t i# effe1ti4ely $( $&&e$l of t!e order of di#%i##$l it#elf. If t!e &ro#1ri&tio( $)$i(#t $&&e$li() $( order de(yi() $ %otio( for re1o(#ider$tio( i# $&&lied to $(y order9 t!e( t!ere "o'ld !$4e 3ee( (o (eed to #&e1ifi1$lly %e(tio( i( 3ot! $3o4e5D'oted #e1tio(# of t!e R'le# fi($l order# or ?'d)%e(t#* $# #'3?e1t of $&&e$l. I( ot!er "ord#9 fro% t!e e(tire &ro4i#io(# of R'le 7- $(d B,9 t!ere 1$( 3e (o %i#t$8i() t!$t "!$t i# &ro#1ri3ed i# to $&&e$l fro% $ de(i$l of $ %otio( for re1o(#ider$tio( of $( i(terlo1'tory order f" Reliefs petitioner is entitled to 2%he court in which the petition &certiorari, prohibition, and mandamus" &4*9" is filed may issue orders e5pediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preser ation of the rights of the parties pending such proceedings. %he petition shall not interrupt the course of the principal case unless as writ of preliminary injunction or temporary restraining order has been issued against the public respondent from further proceeding in the case & 1ection ,, Rule @=". g" #ctionsRomissions of 9%4RR%4 in election cases 2 In Relampagos s. 4umba &/= A. R. >o. //??@/ &#pril .,, /--=", this court upheld the jurisdiction of the 4<9(8(4 to issue writs of certiorari, prohibition and mandamus o er election cases where it has appellate jurisdiction by irtue of 1ection =B of 'atas *ambansa 'lg. @-,, which pro ides as follows! 2%he 4ommission is hereby ested with the e5clusi e authority to hear and decide petitions for certiorari, prohibition and mandamus in ol ing election cases.
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21imply put, the 4<9(8(4 has the authority to issue the e5traordinary writs of certiorari, prohibition and mandamus o(ly i( $id of it# $&&ell$te ?'ri#di1tio( &./ A. R. >o. //??@/, Ibid, pp. /=;/@; ><R'I K. (DDI>A, petitioner, s. 4<99I11I<> <> (8(4%I<>1 and *#'8< '(R>#RD<, respondents, A.R. >o. //.B@B $uly /,, /--=". h" When and where to file 4*9 petition %he authority to issue writs of 4*9 in ol es the e5ercise of original jurisdiction thus, authority is always conferred, either by the 4onstitution or by law, as follows! /. 1ection = &/" #rticle JIII /-?, 4onstitution conferred upon the 1upreme 4ourt such jurisdiction; 4oncurrent with the 4ourt of #ppeals &9orales . 4# A.R. >o. /.@@.+ Dec. /., /--,"; .. 1ection - &/" of '* /.-, or the $udiciary Reorgani6ation #ct of /-?B, to the 4ourt of #ppeals; +. 1ection ./ &/" of '* /.-, to R%4; 0. 1ection = &/" R.#. @,+0, or the <rganic #ct for the #utonomous Region in 9uslim 9indanao, the 1hariaDah #ppellate 4ourt; and =. #rticle /0+ &e" 4hapter I, %itle I, 'oo7 IJ of *D /B?+, or the 4ode of 9uslim *ersonal 8aw, to 1hariDa District 4ourts; @. %he 4<9(8(4 ,. %he 1andiganbayan shall e5ercise e5clusi e original jurisdiction o er petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid of its appellate jurisdiction! *ro ided, that the jurisdiction o er these petitions shall not be e5clusi e of the 1upreme 4ourt &1ection . Rep. #ct
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,-,=" and as amended by R# ?.0-" granted the 1andiganbayan original jurisdiction o er petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under (5ecuti e <rder >os. /, ., /0, /0;# issued in /-?@; pro ided that the jurisdiction o er these petitions is not e5clusi e of the 1upreme 4ourt. ?. 1ection ./ of '* /.- pro ides that Regional %rial 4ourts shall e5ercise original jurisdiction in the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunctions which may be enforced in any part of their respecti e regions. >otes! a" Where a petition for certiorari against the 9%4 is filed before the 4#, the latter should not dismiss the petition on the ground that the proper court is the R%4 since its jurisdiction to issue such writs is concurrent. %he 4# may, howe er, remand the case to the R%4 where there is no cogent reason ad anced why the appellate court should hear the case. %his is because it is the 4# which e5ercise administrati e super ision o er the 9%4 as the ne5t higher tribunal in the judicial hierarchy &de $esus . Ro5as, ./. 14R# ?.+ &/--.". b" R%4 may issue these writs against a lower c court, corporation, board, officer or person which e5ercises functions within its territorial area as defined by the 1upreme 4ourt. c" With regard to quasi;judicial agencies, the petition may be filed only in the 4ourt of #ppeals &1ection 0" '* /.i" (ffects of filing of an unmeritorious petition
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2#fter the comment or other pleadings required by the court are filed, or the time for the filing thereof has e5pired, the court may hear the case or require the parties to submit memoranda. If after such hearing or submission of memoranda or the e5piration of the period for the filing thereof the court finds that the allegations of t!e &etitio( $re tr'e, it shall render judgment for the relief prayed for or to which the petitioner is entitled. 2%he court, howe er, may di#%i## t!e &etitio( if it finds the same to be &$te(tly "it!o't %erit, prosecuted manifestly for del$y, or that the D'e#tio(# r$i#ed t!erei( $re to '(#'3#t$(ti$l to require consideration &1ection ?, Rule @=". +./-.?. Huo warranto # petition for quo warranto is a proceeding to determine the right of a person to the use or e5ercise of a franchise or office and to oust the holder from its enjoyment, if his claim is not well;founded, or if he has forfeited his right to enjoy the pri ilege &9endo6a . #llas, +@. *hil .+?, .00 &/---"; 1#9G(8 '. <>A, *etitioner, ; ersus ;<))I4( <) %K( *R(1ID(>%, (% #8., Respondents, A.R. >o. /?0./-, $anuary +B, .B/.". a" Distinguish from quo warranto in the <mnibus (lection 4ode %here is a distinction between quo warranto referring to an office filled by election and quo warranto in ol ing an office held by appointment. HW ; (lection HW ; #ppointment /. 8egality of the appointment .. 4ourt determines who has been legally appointed

/. (ligibility or disloyalty of the candidate elect. .. If candidate is found ineligible : court cannot declare the second candidate
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has been elected.

and ought to declare who is entitled to enjoy the office.

+. If it is election contests ; filed by a candidate =. #ny oter can file a petition for quo warranto a./. (lection protest and quo warranto distinguished (lection protest and quo warranto are two distinct remedies, although they ha e one objecti e in iew; to dislodge the winning candidate from office. A( ele1tio( &rote#t more than see7s to out the winning candidate from office. It is strictly a contest between the defeated and winning candidates, based on grounds of election frauds or irregularities, as to who actually obtained the majority of the legal otes and, therefore, is entitled to hold office. It can only be filed by a candidate who has duly filed a certificate of candidacy and has been oted for. A &etitio( for D'o "$rr$(to refers to questions of disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the ineligible person from office, but not to install the protestant in his place. It can be filed by any oter. In the sense, it is, strictly spea7ing, not a contest where the parties stri e for supremacy. Si%&ly &'t9 in an election contest, the protestee may be ousted and the protestant seated in the acated office; in a quo warranto proceeding, while the respondent may be unseated, the petitioner will not be seated. What distinguishes one remedy from the other is not the label gi en to it 3't t!e $lle)$tio( 1o(t$i(ed t!erei(. # petition alleging fraud and irregularity ha e itiated the conduct of the election though entitled to quo warranto is an election protest. # petition alleging that the candidate : elect is not qualified for the office is a quo warranto
/=,

proceeding, e en if it is labeled election protest. 'oth cannot be a ailed jointly and in the same proceeding. %hey can be separately filed with the second and later case suspended until the earlier one is resol ed. A( $1tio( for D'o "$rr$(to 1$((ot 3e 1o(4erted i(to $( ele1tio( &rote#t &#gpalo, %he 8aw on *ublic <fficers, p.=0, /--? (dition". b" When go ernment commence an action against indi iduals 2#n action for the usurpation of a public office, position or franchise may be commenced by a erified petition brought in the name of the Republic of the *hilippines against! &a" # person who usurps, intrudes into, or unlawfully holds or e5ercises a public office, position or franchise; &b" # public officer who does or suffers an act which, by the pro ision of law, constitutes a ground for the forfeiture of his office; T #n association which acts as a corporation within the *hilippines without being legally incorporated or without lawful authority so to act &1ection /, Rule @@" c" When indi idual may commence an action 2# person claiming to be entitled to a public office or position usurped or unlawfully held or e5ercised by another may bring an action therefor in his own name &1ection =, Rule @@". c" $udgment in quo warranto action 2When the respondent is found guilty of usurping, intruding into, or unlawfully holding or e5ercising public office, position or franchise, judgment shall be rendered that such respondent be ousted and altogether e5cluded therefrom, and that the petitioner or relator, as the case may be, reco er his costs. 1uch further judgment may be
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rendered determining the rights in and to the public office, position or franchise of all the parties to the action as justice requires &1ection -, Rule @@". d" Rights of a person adjudged entitled to public office 2If judgment be rendered in fa or of the person a erred in the complaint to be entitled to the public office he may, after ta7ing the oath of office and e5ecuting any official bond required by law, t$8e '&o( !i%#elf t!e e:e1'tio( of t!e offi1e9 $(d %$y i%%edi$tely t!ere$fter de%$(d of t!e re#&o(de(t $ll t!e 3oo8# $(d &$&er# i( t!e re#&o(de(t# 1'#tody or 1o(trol $&&ert$i(i() to t!e offi1e to "!i1! t!e ?'d)%e(t rel$te#. If the re#&o(de(t ref'#e# or neglects to deli er any boo7 or paper pursuant to such demand, !e %$y 3e &'(i#!ed for 1o(te%&t as ha ing disobeyed a lawful order of the court. %he person adjudged entitled to the office may also bring action against the respondent to re1o4er t!e d$%$)e# #'#t$i(ed 3y #'1! &er#o( 3y re$#o( of '#'r&$tio(* &1ection /B, Rule @@". +./-.-. E:&ro&ri$tio( a" 9atters to allege in complaint for e5propriation %he right of eminent domain shall be e5ercised by the fili() of $ 4erified 1o%&l$i(t stating with certainty the! a./. right and purpose of e5propriation; a... description of the real or personal property sought to e5propriated; a.+. join as defendants all persons owning or claiming to own , or occupying, any part thereof or interests therein, showing the separate interest of each defendant; a.0. 1hould the title to any property sought to be e5propriated appears to be in the Republic of the *hilippines, although occupied by pri ate indi iduals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, a erment to that effect shall be made in the complaint &amplified 1ection /, Rule @,"
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b" T"o +20 e:&ro&ri$tio(

#t$)e# i( e4ery $1tio( for

/. Determination of the authority of the plaintiff to e5ercise the power of eminent domain and the propriety of its e5ercise in the conte5t of the facts in ol ed in the suit. .. Determination by the court of 2the just compensation for the property to be ta7en &Keirs of #lberto 1uguitan . 4ity of 9andaluyong, +?0 *hil. @,@, @-/ &.BBB". %he second is done by the 4ourt with the assistance of not more than three &+" commissioners. %he order fi5ing the just compensation on the basis of the e idence before, and findings of, the commissioners would be final, too. It would finally dispose of the second stage of the suit, and lea e nothing more to be done by the 4ourt. &9unicipality of 'inan . Aarcia, A.R. @-.@B, December .., /-?-". c" When plaintiff can immediately enter into possession of the real property, in relation to R.A. No. =->B 2U&o( t!e fili() of t!e 1o%&l$i(t or at any time thereafter and after d'e (oti1e to t!e defe(d$(t, the plaintiff shall ha e the ri)!t to t$8e or e(ter upon the possession of the real property in ol ed if !e de&o#it# with the authori6ed go ernment depositary an amount equi alent to the assessed alue of the property for purposes of ta5ation to be held by such ban7 subject to the orders of the court. 1uch deposit shall be in money, unless in lieu thereof the court authori6es the deposit of a certificate of deposit of a go ernment ban7 of the Republic of the *hilippines payable on demand to the authori6ed go ernment depositary. 2If personal property is in ol ed, its alue shall be pro isionally ascertained and the amount to be deposited shall be promptly fi5ed by the court.

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2After #'1! de&o#it is made t!e 1o'rt shall order the sheriff or other proper officer to forthwith &l$1e t!e &l$i(tiff i( &o##e##io( of t!e &ro&erty in ol ed and promptly submit a report thereof to the court with ser ice of copies to the parties &1ection ., Rule @,". 4./. <n acquisition of right; of; way, site or location for national go ernment infrastructure projects and for other purposes 4ongress passed a law &R.#. ?-,0" pro iding guidelines for e5propriation proceedings. 2Whene er it is necessary to acquire real property for the right; of; way or location for any national go ernment infrastructure project through e5propriation, the appropriate implementing agency shall initiate the e5propriation proceedings before the proper court under the following guidelines! &a" Gpon filing of the complaint and after due notice to the defendant, the implementing agency shall immediately pay the owner of the property the amount equi alent to the sum of &/" one hundred percent &/BB\" of the alue of the property based on the current rele ant 6onal aluation of the 'ureau of Internal Re enue &'IR" and &." the alue of the impro ements andRor structures as determined under 1ection , hereof &IRR for equitable aluation of impro ements and structures by the D*WK"; &b" In pro inces, cities, municipalities and other areas where there is no 6onal aluation, the 'IR is hereby mandated within the period of si5ty &@B" days from the date of the e5propriation case, to come up with a 6onal aluation for said area; &c" In case the completion of a go ernment infrastructure project is of utmost urgency and importance, and there is no e5isting aluation of the area concerned, the implementing agency shall immediately pay the owner of the property its proffered
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alue ta7ing into consideration the standards prescribed in 1ection = hereof! &1ection =. 1tandards for the assessment of the alue pf the land subject of e5propriation proceedings or negotiated sale" &a" %he classification and use for which the property is suited; &b" %he de elopmental costs for impro ing the land; &c" %he alue declared by the owners; &d" %he current selling price of similar lands in the icinity; &e" %he reasonable disturbance compensation for the remo al andRor demolition of certain impro ement on the land and for the alue of impro ements thereon; &f" %his si6e, shape or location, ta5 declaration and 6onal aluation of the land; &g" %he price of the land as manifested in the ocular findings, oral as well as documentary e idence presented; and &h" 1uch facts and e ents as to enable the affected property owners to ha e sufficient funds to acquire similarly;situated lands of appro5imate areas as those required from them by the go ernment, and thereby rehabilitate themsel es as early as possible. 2Gpon compliance with the guidelines abo ementioned, the court shall immediately issue to the implementing agency an order to ta7e possession of the property and start the implementation of the project.
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'efore the court can issue a Writ of *ossession, the implementing agency shall present to the court a 1ertifi1$te of $4$il$3ility of f'(d# fro% t!e &ro&er offi1i$l 1o(1er(ed. In the e ent that the owner of the property contests the implementing agencyDs proffered alue, the court shall determine the just compensation to be paid the owner within si5ty &@B" days from the date of filing of the e5propriation case. When the decision of the court becomes final and e5ecutory, the implementing agency shall &$y t!e o"(er t!e differe(1e 3et"ee( t!e $%o'(t $lre$dy &$id $(d t!e ?'#t 1o%&e(#$tio( $# deter%i(ed 3y t!e 1o'rt. d" >ew system of immediate payment of initial just compensation; distinction between Rule @, and R.#. ?-,0 In Republic . Aingoyon &A.R. >o. /@@0.December /-, .BB=" we held! %here are at least two crucial differences between the respecti e procedures under Rep. #ct >o. ?-,0 and Rule @,. Gnder the #t$t'te9 the Ao ernment is required to ma7e i%%edi$te &$y%e(t to the property owner upon the filing of the complaint to be entitled to a writ of possession, whereas in Rule @,, the Ao ernment is required only to ma7e an i(iti$l de&o#it with an authori6ed go ernment depositary. 9oreo er, Rule @, prescribes that the initial deposit 3e eD'i4$le(t to t!e $##e##ed 4$l'e of t!e &ro&erty for &'r&o#e# of t$:$tio(9 unli7e Rep. #ct >o. ?-,0 which pro ides, as the rele ant standard for i(iti$l compensation, the %$r8et 4$l'e of t!e &ro&erty $# #t$ted i( t!e t$: de1l$r$tio( or t!e 1'rre(t rele4$(t @o($l 4$l'$tio( of the 'ureau of Internal Re enue &'IR", whiche er is higher, and the alue of the impro ements andRor structures using the replacement cost method. Rule @, outlines the procedure under which eminent domain may be e5ercised by the Ao ernment. Pet by no means does it serve at present as the solitary guideline through hich the State may e$propriate private property .
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)or e5ample, 1ection /- of the 8ocal Ao ernment 4ode go erns as to the e5ercise by local go ernment units of the power of eminent domain through $( e($3li() ordi($(1e. #nd then there is Rep. #ct >o. ?-,0, which co ers e5propriation proceedings intended for national go ernment infrastructure projects. Rep. #ct >o. ?-,0, which pro ides for a procedure eminently more fa orable to the property owner than Rule @,, inescapably applies in instances when the national go ernment e5propriates property Wfor national go ernment infrastructure projects.W %hus, i! e$propriation is engaged in by the national government !or purposes other than national in!rastructure projects, the $##e##ed 4$l'e #t$(d$rd $(d t!e de&o#it %ode &re#1ri3ed i( R'le A> 1o(ti('e# to apply. e" Defenses and objections 2If a defendant !$# (o o3?e1tio( or defe(#e to the action or the ta7ing of his property, he may file and ser e a notice of appearance and a manifestation to that effect, specifically de#i)($ti() or ide(tifyi() t!e &ro&erty in which he claims to be interested, within the time stated in the summons. %hereafter, he shall be entitled to notice of all proceedings affecting the same. 2If the defendant has $(y o3?e1tio( to t!e fili() of or the allegations in the complaint, or any objection or defense to the ta7ing of the property, he shall ser e his answer within the time stated in the summons. %he answer shall specifically de#i)($te or ide(tify t!e &ro&erty i( "!i1! !e 1l$i%# to !$4e $( i(tere#t9 #t$te t!e ($t're $(d e:te(t of t!e i(tere#t 1l$i%ed9 $(d $dd'1e9 $ll !i# o3?e1tio(# $(d defe(#e# to t!e t$8i() of !i# &ro&erty. >o counterclaim, cross;claim or third;party complaint shall be alleged or allowed in the answer or any subsequent pleading. 2# defendant wai es all defenses and objections not so alleged but the court, in the interest of justice, may permit amendments to the answer to be made not later than ten &/" days from the filing thereof. Kowe er, $t t!e tri$l of t!e
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i##'e of ?'#t 1o%&e(#$tio(9 "!et!er or (ot $ defe(d$(t !$# &re4io'#ly $&&e$red or $(#"ered9 !e %$y &re#e(t e4ide(1e $# to t!e $%o'(t of t!e 1o%&e(#$tio( to 3e &$id for !i# &ro&erty9 $(d !e %$y #!$re i( t!e di#tri3'tio( of t!e $"$rd* &1ection +, Rule @," 2 If the objections to and the defenses against the right of the plaintiff to e5propriate the property are o erruled, or when no party appears to defend as required by this Rule, the court may issue an order of e5propriation declaring that the plaintiff has a lawful right to ta7e the property sought to be e5propriated, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the ta7ing of the property or the filing of the complaint, whiche er came first. # final order sustaining the right to e5propriate the property may be appealed by any party aggrie ed thereby. 1uch appeal, howe er, shall not pre ent the court from determining the just compensation to be paid. #fter the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceeding e5cept on such terms as the court deems just and equitable &1ection 0, Rule @,". f" <rder of e5propriation 2 If t!e o3?e1tio(# to and the defe(#e# against the right of the plaintiff to e5propriate the property are o4err'led, or when (o &$rty $&&e$r# to defend as required by this Rule, t!e 1o'rt %$y i##'e $( order of e:&ro&ri$tio( de1l$ri() t!$t t!e &l$i(tiff !$# $ l$"f'l ri)!t to t$8e t!e &ro&erty #o')!t to 3e e:&ro&ri$ted9 for the public use or purpose described in the complaint9 '&o( t!e &$y%e(t of ?'#t 1o%&e(#$tio( to be determined as of the date of the ta7ing of the property or the filing of the complaint, whiche er came first. # final order sustaining the right to e5propriate the property
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may be appealed by any party aggrie ed thereby. 1uch $&&e$l9 !o"e4er9 #!$ll (ot &re4e(t t!e 1o'rt fro% deter%i(i() t!e ?'#t 1o%&e(#$tio( to 3e &$id. #fter the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceeding e5cept on such terms as the court deems just and equitable &1ection 0, Rule @,". g" #scertainment of just compensation Gpon the rendition of the order of e5propriation, the court shall appoint not more than three &+" competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be ta7en. %he order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court. 4opies of the order shall be ser ed on the parties. <bjections to the appointment of any of the commissioners shall be filed with the court within ten &/B" days from ser ice, and shall be resol ed within thirty &+B" days after all the commissioners shall ha e recei ed copies of the objections &1ection =, Rule @,".

g./. 4ompensation in #grarian Reform *rogram of the go ernment as pro ided by R.#. @@=,! In determining just compensation, the cost of acquisition of the land, the current alue of li7e properties, its nature, actual use and income, the sworn aluation by the owner, the ta5 declarations, and the assessment made by go ernment assessors shall be considered. %he social and economic benefits contributed by the farmers and the farmwor7ers and by the Ao ernment to the property as well as the nonpayment of ta5es or loans secured from any go ernment financing institution on the said land shall be

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considered as additional factors to determine its aluation &1ection /,". %hus, in determining just compensation, the R%4 is required to consider the following factors! &/" the acquisition cost of the land; &." the current alue of the properties; &+" its nature, actual use, and income; &0" the sworn aluation by the owner; &=" the ta5 declarations; &@" the assessment made by go ernment assessors; &," the social and economic benefits contributed by the farmers and the farmwor7ers, and by the go ernment to the property; and &?" the non;payment of ta5es or loans secured from any go ernment financing institution on the said land, if any &8and 'an7 of the *hilippines . Keirs of 1al ador (ncinas and $acoba Delgado, A.R. >o. /@,,+=, #pril /?, .B/.. g./. 4ompensation means an equi alent for the alue of the land. $ust compensation means a fair and full equi alent for the loss sustained. g... 9ar7et alue means price fi5ed by the buyer and seller in the open mar7et in the usual and ordinary course of legal trade and competition; fair alue of property as between one who desires to purchase and one who desires to sell. %his must include 21o(#eD'e(ti$l d$%$)e# that is, damages to other interests of the owner that can be attributed to the e5propriation. )rom the 2consequential damages howe er, must be deducted the 21o(#eD'e(ti$l 3e(efit#*9 that is, the increase in the alue of the other interests of the owner that can be attributed to the new use to which his former will be put by the e5propriating authority &9R 4o. . Rodrigue6 /+, *hil. +0,". h" #ppointment of commissioners; commissionerDs report; court action upon commissionerDs report 2Gpon the rendition of the order of e5propriation, the court shall appoint not more than three &+" competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be ta7en. %he order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within

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which their report shall be submitted to the court &1ection =, Rule @,". O%he court may order t!e 1o%%i##io(er# to re&ort "!e( $(y &$rti1'l$r &ortio( of t!e re$l e#t$te shall ha e been passed upon by them, and may render judgment upon such partial report, and direct the commissioners to proceed with their wor7 as to subsequent portions of the property sought to be e5propriated, and may from time to time so deal with such property. %he commissioners shall ma7e a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual until the court shall ha e accepted their report and rendered judgment in accordance with their recommendations. (5cept as otherwise e5pressly ordered by the court, such report shall be filed within si5ty &@B" days from the date the commissioners were notified of their appointment, which time may be e5tended in the discretion of the court. Gpon the filing of such report, the cler7 of the court shall ser e copies thereof on all interested parties, with notice that they are allowed ten &/B" days within which to file objections to the findings of the report, if they so desire &1ection ,, Rule @,". Gpon the e5piration of the period of ten &/B" days referred to in the preceding section, or e en before the e5piration of such period but after all the interested parties ha e filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment in accordance therewith, or, for cause shown, it may recommit the same to the commissioners for further report of facts, or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part and it may ma7e such order or render such judgment as shall secure to the plaintiff the property essential to the e5ercise of his right of e5propriation, and to the defendant just compensation for the property so ta7en &1ection ?, Rule @," i" Rights of plaintiff upon judgment and payment Gpon payment by the plaintiff to the defendant of the compensation fi5ed by the judgment, with legal interest thereon fro% t!e t$8i() of t!e &o##e##io( of t!e &ro&erty ,
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or after tender to him of the amount so fi5ed and payment of the costs, the plaintiff shall ha e the right to enter upon the property e5propriated and to appropriate it for the public use or purpose defined in the judgment, or to retain it should he ha e ta7en immediate possession thereof under the pro isions of section . hereof. If the defendant and his counsel absent themsel es from the court, or decline to recei e the amount tendered, the same shall be ordered to be deposited in court and such deposit shall ha e the same effect as actual payment thereof to the defendant or the person ultimately adjudged entitled thereto &1ection /B, Rule @," %he right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment. 'ut if the appellate court determines that plaintiff has no right of e5propriation, judgment shall be rendered ordering the Regional %rial 4ourt to forthwith enforce the restoration to the defendant of the possession of the property, and to determine the damages which the defendant sustained and may reco er by reason of the possession ta7en by the plaintiff &1ection //, Rule @," j. " (ffect of recording of judgment %he judgment entered in e5propriation proceedings shall state definitely, by an adequate description, the &$rti1'l$r &ro&erty or i(tere#t t!erei( e:&ro&ri$ted , and the nature of the public use or purpose for which it is e5propriated. When real estate is e5propriated, a 1ertified 1o&y of #'1! ?'d)%e(t #!$ll 3e re1orded i( t!e re)i#try of deed# of t!e &l$1e i( "!i1! t!e &ro&erty i# #it'$ted , $(d it# effe1t #!$ll 3e to 4e#t i( t!e &l$i(tiff t!e title to t!e re$l e#t$te #o de#1ri3ed for #'1! &'3li1 '#e or &'r&o#e &1ection /+, Rule @,". +./-./B. )oreclosure of real estate mortgage 2In an action for the fore1lo#'re of $ %ort)$)e or ot!er e(1'%3r$(1e upon real estate, the complaint shall #et fort! t!e d$te $(d d'e e:e1'tio( of t!e %ort)$)e ; its assignments, if any; the ($%e# $(d re#ide(1e# of t!e %ort)$)or $(d t!e %ort)$)eeE a de#1ri&tio( of t!e
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%ort)$)ed &ro&erty; a statement of the date of the note or other documentary e idence of the obligation secured by the mortgage, t!e $%o'(t 1l$i%ed to 3e '(&$id t!ereo( ; and the names and residences of all persons ha ing or claiming an interest in the property subordinate in right to that of the holder of the mortgage, $ll of "!o% #!$ll 3e %$de defe(d$(t# i( t!e $1tio( &1ection /, Rule @?" +./-./B./. %he prohibition on pactum commissorium stipulations is pro ided for by #rticle .B?? of the 4i il 4ode! 2#rt. .B??. %he creditor cannot appropriate the things gi en by way of pledge or mortgagee, or dispose of the same. #ny stipulation to the contrary is null and oid. %he aforequoted pro ision furnishes the two elements for pactum commissorium to e5ist! &/" that there should be a pledge or mortgage wherein a property is pledged or mortgaged by way of security for the payment of the principal obligation; and &." that there should be a stipulation for $( $'to%$ti1 $&&ro&ri$tio( by the creditor of the thing pledged or mortgaged in the e ent of non; payment of the principal obligation within the stipulated period What is en isioned by #rticle .B?? of the 4i il 4ode of the *hilippines is a pro ision in the deed of mortgage pro iding for the automatic con eyance of the mortgaged property in case of the failure of the debtor to pay the loan &%an . West 4oast 8ife #ssurance 4o., =0 *hil. +@/". # pactum commissorium is a forfeiture clause in a deed of mortgage &Kechano a . #dil, /00 14R# 0=B; 9onte ergen . 4ourt of #ppeals, //. 14R# @0/; Report of the 4ode 4ommission, /=@; #. )R#>4I14< R(#8%P #>D D(J(8<*9(>% 4<R*<R#%I<>, petitioner, s. 4<GR% <) #**(#81 and 1*<G1(1 R<9G8< 1.#. $#JI88<>#R and (R8I>D# *. $#JI88<>#R, respondents, EA.R. >o. /.=B==. <ctober +B, /--?". +./B./B... %he rule is that a mortgage;creditor has a single cause of action against a mortgagor;debtor, that is, to reco er the debt. %he mortgage;creditor has the option of eit!er fili() $ &er#o($l $1tio( for 1olle1tio( of #'% of
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%o(ey or instituting a re$l $1tio( to fore1lo#e o( t!e %ort)$)e #e1'rity. #n election of the first bars recourse to the second, otherwise there would be multiplicity of suits in which the debtor would be tossed from one enue to another depending on the location of the mortgaged properties and the residence of the parties. %he two remedies are $lter($ti4e $(d e$1! re%edy i# 1o%&lete 3y it#elf. If the mortgagee opts to foreclose the real estate mortgage, he wai es the action for the collection of the debt, and ice ersa. %he 4ourt e5plained! 5 5 5 in the absence of e5press statutory pro isions, a mortgage creditor may institute against the mortgage debtor either a &er#o($l $1tio( for de3t or $ re$l $1tio( to fore1lo#e t!e %ort)$)e. In other words, he may pursue either of the two remedies, but not both. 'y such election, his cause of action can by no means be impaired, for each of the two remedies is complete in itself. %hus, an election to bring a personal action will lea e open to him all the properties of the debtor for attachment and e5ecution, e en including the mortgaged property itself. #nd, if !e "$i4e# #'1! &er#o($l $1tio( and pursues his remedy against the mortgaged property, $( '(#$ti#fied ?'d)%e(t t!ereo( "o'ld #till )i4e !i% t!e ri)!t to #'e for defi1ie(1y ?'d)%e(t9 i( "!i1! 1$#e9 $ll t!e &ro&ertie# of t!e defe(d$(t9 ot!er t!$( t!e %ort)$)ed &ro&erty9 $re $)$i( o&e( to !i% for t!e #$ti#f$1tio( of t!e defi1ie(1y. In either case, his remedy is complete, his cause of action undiminished, and any ad antages attendant to the pursuit of one or the other remedy are purely accidental and are all under his right of election. <n the other hand, a rule that would authori6e the plaintiff to bring a personal action against the debtor and #i%'lt$(eo'#ly or #'11e##i4ely another action against the mortgaged property, "o'ld re#'lt (ot o(ly i( %'lti&li1ity of #'it# #o offe(#i4e to ?'#ti1e +Sori$(o 4. E(riD'e#9 2B P!il. /=B0 $(d o3(o:io'# to l$" $(d eD'ity +O#orio 4. S$( A)'#ti(9 2/ P!il. B.B ", but also in subjecting the defendant to the e5ation of being sued in the place of his residence or of the residence of the plaintiff, and then again in the place where the property lies &#R%GR< 1#R%( )8<R(1, *etitioner, ersus ; 1*<G1(1

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(>RI4< 8. 8I>D<, $R., and (D># 4. 8I>D<, Respondents., A.R. >o. /?+-?0 #pril /+, .B//". a" $udgment on foreclosure for payment of sale 2$udgment on foreclosure for payment or sale. N If upon the trial in such action the 1o'rt #!$ll fi(d t!e f$1t# set forth in the complaint to be tr'e9 it shall $#1ert$i( t!e $%o'(t d'e to t!e &l$i(tiff '&o( t!e %ort)$)e de3t or o3li)$tio(9 i(1l'di() i(tere#t $(d ot!er 1!$r)e# as appro ed by the court, and costs, and #!$ll re(der ?'d)%e(t for t!e #'% #o fo'(d d'e $(d order t!$t t!e #$%e 3e &$id to t!e 1o'rt or to t!e ?'d)%e(t o3li)ee "it!i( $ &eriod of (ot le## t!$( (i(ety +-.0 d$y# (or %ore t!$( o(e !'(dred t"e(ty +,2.0 d$y# fro% t!e e(try of ?'d)%e(t, and that i( def$'lt of such payment the property shall be #old $t &'3li1 $'1tio( to satisfy the judgment &1ection ., Rule @?". >ote! %he period is counted from the entry of judgment. b" 1ale of mortgaged property When the defendant, after being directed to do so as pro ided in the ne5t preceding section, f$il# to &$y the amount of the judgment within the period specified therein, t!e 1o'rt, upon motion, #!$ll order t!e &ro&erty to 3e #old i( t!e %$((er $(d '(der t!e &ro4i#io(# of R'le 7$(d ot!er re)'l$tio(# )o4er(i() #$le# of re$l e#t$te '(der e:e1'tio(. S'1! #$le #!$ll (ot $ffe1t the rights of persons !oldi() &rior e(1'%3r$(1e# '&o( t!e &ro&erty or a part thereof, and when confirmed by an order of the court, also upon motion, it shall operate to di4e#t t!e ri)!t# i( t!e &ro&erty of $ll t!e &$rtie# to t!e $1tio( and to est their rights in the purchaser, subject to such rights of redemption as may be allowed by law. Gpon the finality of the order of confirmation or upon the e5piration of the period of redemption when allowed by law, t!e &'r1!$#er $t t!e $'1tio( #$le or l$#t rede%&tio(er9 if $(y9 #!$ll 3e e(titled to t!e &o##e##io( of t!e &ro&erty unless a third party is actually holding the same ad ersely to the judgment obligor. %he said purchaser or l$#t rede%&tio(er %$y #e1're $ "rit of &o##e##io( ,
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upon motion, from the court which ordered the foreclosure &1ection +, Rule @?" >otes! /. %he second paragraph is in accord with the decisions of the 1upreme 4ourt that before the confirmation sale, the defendant may e5ercise eD'ity of rede%&tio(. .. Distinctions between eD'ity of redemption from ri)!t of redemption &%his is letter &f" in the syllabus. ../. ED'ity of redemption is the right of the defendant mortgagor to e5tinguish the mortgage and retain ownership of the property by paying the secured debt within -B to/.B days period $fter e(try of ?'d)%e(t in accordance with Rule @?, or e en after the foreclosure sale 3't &rior to it# 1o(fir%$tio(. .... %he ri)!t of redemption in relation to a mortgage is the right granted to the debtor, his successor;in; interest, or any judicial creditor or judgment creditor of said debtor or any person ha ing a lien on the property subsequent to the mortgage or deed of trust under which the property is sold to redeem the property within a period of one &/" years from the registration of the 1heriffDs certificate of foreclosure sale, and such redemption is go erned by 1ections .-, +B, and +/ of Rule +- of the rules of 4ourt. ..+. In eD'ity of redemption, the amount to be paid is the ?'d)%e(t de3t. In right of redemption the amount payable at e5ecution sale under Rule +- i# t!e &'r1!$#erH# &ri1e9 no longer the judgment debt e$cept hen other ise provided !or by special la s that to redeem, the mortgage obligation should be paid i.e., redemption of properties mortgaged with the *>' and D'* and foreclosed either judicially or e5trajudicially &Dulay . 4arriaga, /.+ 14R# ,-0". In judicial foreclosure under the Aeneral 'an7ing #ct there is a right of redemption within one year from sale &1ection ,?". # judicial foreclosure sale must be confirmed in a hearing with notice to the mortgagee debtor, creditor and purchaser at the auction sale.

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*rior to the confirmation of the auction sale the court may grant the debtor sufficient time to redeem the mortgage estate e en if the bidder sold the property to a third part. ..0. %he equity of redemption is, to be sure, different from and should not be confused with the right of redemption. %he ri)!t of redemption in relation to a mortgage ; understood in the sense of a prerogati e to re;acquire mortgaged property $fter re)i#tr$tio( of t!e fore1lo#'re #$le ; e5ists only in the case of the e5trajudicial foreclosure of the mortgage. 6o such right is recogni-ed in a judicial !oreclosure e$cept only here the mortgagee is the Philippine 6ational 7an+ or a ban+ or ban+ing institution. Where a mortgage is foreclosed e5trajudicially, #ct +/+= grants to the mortgagor the ri)!t of redemption within one &/" year from the registration of the sheriffDs certificate of foreclosure sale. Where the fore1lo#'re i# ?'di1i$lly effe1ted, howe er, (o eD'i4$le(t ri)!t of rede%&tio( e:i#t#. %he law declares that a judicial foreclosure sale, Owhen confirmed by an order of the court, 5 5 shall operate to di4e#t the rights of all the parties to the action and to 4e#t t!eir ri)!t# i( t!e &'r1!$#er, subject to such rights of redemption as may be allowed by law.D 1uch rights e5ceptionally Oallowed by lawD &i.e., e en after confirmation by an order of the court" are those granted by the charter of the *hilippine >ational 'an7 &#cts >o. .,0, and .-+?", and the Aeneral 'an7ing #ct &R.#. ++,". %hese laws confer on the mortgagor, his successors in interest or any judgment creditor of the mortgagor, the right to redeem the property sold on foreclosure ; after confirmation by the court of the foreclosure sale ; which right may be e5ercised within a period of one &/" year, counted from the date of registration of the certificate of sale in the Registry of *roperty. 'ut, to repeat, (o #'1! ri)!t of rede%&tio( e:i#t# i( 1$#e of ?'di1i$l fore1lo#'re of $ %ort)$)e if t!e %ort)$)ee i# (ot t!e PNB or $ 3$(8 or 3$(8i() i(#tit'tio(. In such a case, the foreclosure sale, Owhen confirmed by an order of the court. 5 5 shall operate to di est the rights of all the
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parties to the action and to est their rights in the purchaser.D %here then e5ists only what is 7nown as the equity of redemption. %his is simply the right of the defendant mortgagor to e5tinguish the mortgage and retain ownership of the property 3y &$yi() t!e #e1'red de3t "it!i( t!e -.5 d$y &eriod $fter t!e ?'d)%e(t 3e1o%e# fi($l9 in accordance with Rule @?, or e en after the foreclosure sale 3't &rior to it# 1o(fir%$tio(. 1ection ., Rule @? pro ides that ; 5 5 5 If upon the trial 5 5 the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and costs, and shall render judgment for the sum so found due and order the same to be paid into court within a period of not less than ninety &-B" days from the date of the ser ice of such order, and that in default of such payment the property be sold to reali6e the mortgage debt and costs.D %his is the mortgagorDs equity &not right" of redemption which, as abo e stated, may be e5ercised by him e en beyond the -B;day period Ofrom the date of ser ice of the order,D and e en after the foreclosure sale itself, pro ided it be before the order of confirmation of the sale. #fter such order of confirmation, no redemption can be effected any longer.& KG(R%# #8'# R(1<R%, I>4., petitioner, s. 4<GR% <) #**(#81 and 1P>DI4#%(D 9#>#A(9(>% AR<G*, I>4., respondents, A.R. >o. /.?=@,. 1eptember /, .BBB".

c" Di#&o#itio( of &ro1eed# of #$le 2%he amount reali6ed from the foreclosure sale of the mortgaged property shall, after deducting the costs of the sale, 3e &$id to t!e &er#o( fore1lo#i() t!e %ort)$)e, and when there shall be $(y 3$l$(1e or re#id'e, after paying off the mortgage debt due, the same shall 3e &$id to ?'(ior e(1'%3r$(1er# in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers or there be $ 3$l$(1e re#id'e $fter
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&$y%e(t to t!e%9 t!e( to t!e %ort)$)or or !i# d'ly $'t!ori@ed $)e(t, or to the person entitled to it &1ection 0, Rule @?". c./. distinction should be made of the three different 7inds of sales under the law, namely! an ordinary e5ecution sale, a judicial foreclosure sale, and an e5trajudicial foreclosure sale, because a different set of law applies to each class of sale mentioned. #n ordinary e5ecution sale is go erned by the pertinent pro isions of Rule +- of the Rules of 4ourt. Rule @? of the Rules of 4ourt applies in cases of judicial foreclosure sale. <n the other hand, #ct >o. +/+=, as amended by #ct >o. 0//? otherwise 7nown as W#n #ct to Regulate the 1ale of *roperty under 1pecial *owers Inserted in or #nne5ed to Real (state 9ortgagesW applies in cases of e5trajudicial foreclosure sale. c... Kow sale will proceed in case the debt is not all dueL 2If the debt for which the mortgage or encumbrance was held i# (ot $ll d'e as pro ided in the judgment as soon as a #'ffi1ie(t &ortio( of t!e &ro&erty !$# 3ee( #old to &$y t!e tot$l $%o'(t $(d t!e 1o#t# d'e9 t!e #$le #!$ll ter%i($te; and $fter"$rd# $# ofte( $# %ore 3e1o%e# d'e for &ri(1i&$l or i(tere#t $(d ot!er 4$lid 1!$r)e# , the court may, on motion, order more to be sold. 'ut if the &ro&erty 1$((ot 3e #old i( &ortio(# "it!o't &re?'di1e to t!e &$rtie#9 the "!ole #!$ll 3e ordered to 3e #old in the first instance, and the e(tire de3t $(d 1o#t# #!$ll 3e &$id, if the proceeds of the sale be sufficient therefor, there being a rebate of interest where such rebate is proper & 1ection =, Rule @?".

c.+. 'asis for issuance of writ of possession Gntil the sale is alidly confirmed by the 4ourt, the purchaser is nothing more than a preferred bidder &Rural 'an7 of <roquieta . 4#, /B/ 14R# =". d" Defi1ie(1y ?'d)%e(t
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2If upon the sale of any real property as pro ided in the ne5t preceding section t!ere 3e $ 3$l$(1e d'e to t!e &l$i(tiff after applying the proceeds of the sale, the 1o'rt9 upon motion, shall re(der ?'d)%e(t $)$i(#t t!e defe(d$(t for $(y #'1! 3$l$(1e for which, by the record of the case, he may be personally liable to the plaintiff, upon which e5ecution may issue i%%edi$tely if t!e 3$l$(1e i# $ll d'e $t t!e ti%e of t!e re(ditio( of t!e ?'d)%e(t; otherwise, the plaintiff shall be entitled to e:e1'tio( $t #'1! ti%e $# t!e 3$l$(1e re%$i(i() 3e1o%e# d'e '(der t!e ter%# of t!e ori)i($l 1o(tr$1t , which time shall be stated in the judgment &1ection @, Rule @?". i. Instances when court cannot render deficiency judgment! /. 9otion for deficiency judgment is made only after the sale and after it has become 7nown that a deficiency e5ists. .. Deficiency judgment cannot be rendered against a non;resident defendant &'anco (spanol )ilipino . *alanca, +, *hil -./". +. >o deficiency judgment may be rendered against the owner who is not a mortgagor and has not assumed personal liability for the debt. %he remedy is an ordinary action against the debtor 0. Death of debtor. %he deficiency may be filed as a claim against debtorDs estate. &1ection ,, Rule ?@". e" <'di1i$l fore1lo#'re 4er#'# e:tr$?'di1i$l fore1lo#'re %he enue of the e:tr$5?'di1i$l proceedings is the place "!ere e$1! of t!e %ort)$)ed &ro&erty i# lo1$ted, as prescribed by 1ection . of #ct >o. +/+=, to wit! 1(4%I<> .. 1aid sale cannot be made legally outside of the pro ince in which the property sold is situated; and in case the place within said pro ince in which the sale is to be made is subject to stipulation, such sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated.

/,,

#.9. >o. --;/B;B=;B, the *rocedure on (5tra;$udicial )oreclosure of 9ortgage, lays down the guidelines for e5tra;judicial foreclosure proceedings on mortgaged properties located in different pro inces. It pro ides that the enue of the e5tra;judicial foreclosure proceedings i# t!e &l$1e "!ere e$1! of t!e %ort)$)ed &ro&erty i# lo1$ted. Rele ant portion thereof pro ides! Where the application concerns the e5trajudicial foreclosure of mortgages of real estates andRor chattels in different locations co ering one indebtedness, only one filing fee corresponding to such indebtedness shall be collected. %he collecting 4ler7 of 4ourt shall, apart from the official receipt of the fees, issue a certificate of payment indicating the amount of indebtedness, the filing fees collected, the mortgages sought to be foreclosed, the real estates andRor chattels mortgaged and their respecti e locations, "!i1! 1ertifi1$te #!$ll #er4e t!e &'r&o#e of !$4i() t!e $&&li1$tio( do18eted "it! t!e Cler8# of Co'rt of t!e &l$1e# "!ere t!e ot!er &ro&ertie# $re lo1$ted $(d of $llo"i() t!e e:tr$?'di1i$l fore1lo#'re# to &ro1eed t!ere$t. %he e5trajudicial foreclosure sale of a real estate mortgage is go erned by #ct >o. +/+=, as amended by #ct >o. 0//?, otherwise 7nown as W#n #ct to Regulate the 1ale of *roperty Gnder 1pecial *owers Inserted In or #nne5ed to Real;(state 9ortgages.W 1ections / and . thereof clearly state! 1ection /. When a sale is made under a special power inserted in or attached to any real;estate mortgage hereafter made as security for the payment of money or the fulfilment of any other obligation, the pro isions of the following sections shall go ern as to the manner in which the sale and redemption shall be effected, whether or not pro ision for the same is made in the power. 1ec. .. 1aid sale cannot be made legally outside of the pro ince in which the property sold is situated; and in case the place within said pro ince in which the sale is to be made is the subject of stipulation, such sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is.
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+./-.//. P$rtitio( a" Who may file complaint; who should be made defendantsL # person ha ing the right to compel the partition of real estate may do so as pro ided in this Rule, setting forth in his complaint the nature and e5tent of his title and an adequate description of the real estate of which partition is demanded and ?oi(i() $# defe(d$(t# $ll ot!er &er#o(# i(tere#ted i( t!e &ro&erty &1ection /, Rule @-". b" 9atters to allege in the complaint for partition b./. nature and e5tent of his title b... adequate description of the real estate b. +. joining as defendants all other persons interest in the property. c" %wo stages in e ery action for partition c./. Determination of whether or not a co;ownership in fact e5ists, and a partition is proper and may be made by oluntary agreement of all the parties interested in the property. c... 2%he parties are unable to agree upon the partition 2directed by the 4ourt. In that e ent partition shall be done for the parties by the 4ourt with the assistance of not more than three &+" 4ommissioners. It may also in ol ed rendition of accounting and appro al by the court after the parties ha e been accorded opportunity to be heard thereon. d" <rder of partition and partition by agreement If after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest. %hereupon the parties may, if they are able to agree, ma7e the partition among themsel es by proper instruments of con eyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition, together with the order of the court confirming the same, shall be recorded in the registry of deeds of the place in which the property is situated.
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# final order decreeing partition and accounting may be appealed by any party aggrie ed thereby &1ection ., Rule @-". >ote! A.R. >o. 8;++BB, $une /?, /-,@ Mir$(d$ 4. Co'rt of A&&e$l# decided o $une /?, /-,@ that a decision or order of partition is NOT GINAL because it lea es something more to be done in the trial court for the complete disposition of the case, i.e., the appointment of commissioners, the proceedings for the determination by said commissioners of just compensation, the submission of their reports, the hearing thereon and the appro al of the partition. %his ruling re o7ed Ialdarriaga . (nrique6. %he Mir$(d$ do1tri(e o( &$rtitio( was reiterated in Jalde6 . 'agaso,7 ?. 14R# ..; 9unicipality of 'inan . Kon. $ose Aarcia, AR. @-.@B December .., /-?-". e" *artition by commissioners; appointment of commissioners; commissionerDs report; court action upon commissionerDs report e./. P$rtitio( 3y 1o%%i##io(er# 2If the parties are unable to agree upon the partition, the court shall appoint not more than three &+" competent and disinterested persons as commissioners to ma7e the partition, commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct &1ection +, Rule @-". e... Co%%i##io(erH# re&ort 2%he commissioners shall ma7e a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the same. Gpon the filing of such report, the cler7 of court shall ser e copies thereof on all the interested parties with notice that they are allowed ten &/B" days within which to file objections to the findings of the report, if they so desire. >o proceeding had before or conducted by the commissioners shall pass the title to the property or bind the parties until the court shall ha e accepted the report of the commissioners and rendered judgment thereon &1ection @, Rule @-".
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e.+. 4ourt $1tio( '&o( 1o%%i##io(erH# re&ort 2Gpon the e5piration of the period of ten &/B" days referred to in the preceding section, or e en before the e5piration of such period but after the interested parties ha e filed their objections to the report or their statement of agreement therewith, the court may, upon hearing, accept the report and render judgment in accordance therewith; or, for cause shown, recommit the same to the commissioners for further report of facts; or set aside the report in part and reject it in part; and ma7e such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its alue, if assigned or sold as abo e pro ided, between the se eral owners thereof &1ection ,, Rule @-". f" <'d)%e(t $(d it# effe1t# 2If actual partition of property is made, the judgment shall state definitely, by metes and bounds and adequate description, the particular portion of the real estate assigned to each party, and the effect of the judgment shall be to est in each party to the action in se eralty the portion of the real estate assigned to him. If the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state the fact of such payment and of the assignment of the real estate to the party ma7ing the payment, and the effect of the judgment shall be to est in the party ma7ing the payment the whole of the real estate free from any interest on the part of the other parties to the action. If the property is sold and the sale confirmed by the court, the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the judgment shall be to est the real estate in the purchaser or purchasers ma7ing the payment or payments, free from the claims of any of the parties to the action. # certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated, and the e5penses
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of such recording shall be ta5ed as part of the costs of the action &1ection //, Rule @-".

g" P$rtitio( of &er#o($l &ro&erty 2%he pro isions of this Rule shall apply to partitions of estates composed of personal property, or both real and personal property, in so far as the same may be applicable &1ection /+, Rule @-". h" Pre#1ri&tio( of $1tio( 9ay prescription run against a co;ownerL #re there e5ceptionsL >o. *rescription does not run against co;owners and co; heirs as long as the co;ownership is e5pressly or impliedly recogni6ed. %he e5ception is when there is repudiation, pro ided that the following requisites are present! /. Ke must ma7e 7nown to the others that he is repudiating the co;ownership and claiming complete ownership of the entire property; .. ( idence of repudiation and 7nowledge of the others is clear and con incing; +. %here is open, continuous, peaceful, public, and ad erse possession for a period of time required by law &1antos . Keirs of 4risostomo, 0/ *hil. +0.". +./-./.. Gor1i3le e(try $(d '(l$"f'l det$i(er a" Definitions and distinction In for1i3le e(try, one is depri ed of physical possession of any land or building by means of force, intimidation, threat, strategy, or stealth. In '(l$"f'l det$i(er, one unlawfully "it!!old# &o##e##io( thereof after the e5piration or termination of his right to hold
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possession under any contract, e5press or implied. In for1i3le e(try, the possession is illegal from the beginning and the only issue is who has the prior possession de facto. In '(l$"f'l det$i(er, &o##e##io( "$# ori)i($lly l$"f'l but became unlawful by the e5piration or termination of the right to possess and the issue of rightful possession is the one decisi e, for in such action, the defendant is the party in actual possession and the plaintiffCs cause of action is the termination of the defendantCs right to continue in possession &Id. at +?.;+?+, citing + 9#>G(8 J. 9<R#>, 4<99(>%1 <> %K( RG8(1 <) 4<GR% +/. &/-?B ed.". (mphasis supplied"; SPOUSES MANUEL AND GLORENTINA DEL ROSARIO9 Petitioners, GERRY ROQAS GOUNDATION9 INC.9 G.R. No. ,>./>/ $une ?, .B// b" Distinguish from accion publiciana, accion rein endicatoria, and accion interdictal &t!ree +70 &o##e##ory $1tio(# of re$l &ro&erty0 b./. In this jurisdiction, the three 7inds of actions for the reco ery of possession of real property are! /. A11io( i(terdi1t$l, or an ejectment proceeding which may be either that for for1i3le e(try &detentacion" or '(l$"f'l det$i(er &desahucio", which is a summary action for recovery o! physical possession where the dispossession has not lasted for more than one year, and should be brought in the proper inferior court; .. #ccion publiciana or the plenary action for the re1o4ery of t!e re$l ri)!t of &o##e##io(, which should be brought in the proper Regional %rial 4ourt when the dispossession has lasted for more than one year; and

+. #ccion rein indicatoria or accion de rei indicacion, which is an action for the re1o4ery of o"(er#!i& which must be brought in the proper Regional %rial 4ourt. 'ased on the foregoing distinctions, the %$teri$l ele%e(t that determines the proper action to be filed for the reco ery of the possession of the property in this case i# t!e le()t! of ti%e of di#&o##e##io(. Gnder the Rules of 4ourt,
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the remedies of for1i3le e(try $(d '(l$"f'l det$i(er are granted to a person depri ed of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, endor, endee, or other person against whom the possession of any land or building i# '(l$"f'lly "it!!eld $fter t!e e:&ir$tio( or ter%i($tio( of t!e ri)!t to !old &o##e##io( 3y 4irt'e of $(y 1o(tr$1t9 e:&re## or i%&lied9 or t!e le)$l re&re#e(t$ti4e# or $##i)(# of $(y #'1! le##or9 4e(dor9 4e(dee9 or ot!er &er#o(. %hese remedies $fford t!e &er#o( de&ri4ed of t!e &o##e##io( to file at any time within one year after such unlawful depri ation or withholding of possession, an action in the proper 9unicipal %rial 4ourt against the person or persons unlawfully withholding or depri ing of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. %hus, if the di#&o##e##io( !$# (ot l$#ted for %ore t!$( o(e ye$r , an e?e1t%e(t &ro1eedi() i# &ro&er and the inferior court acquires jurisdiction. <n the other hand, if t!e di#&o##e##io( l$#ted for %ore t!$( o(e ye$r9 the proper action to be filed is an accion publiciana &reco ery of real right of possession" which should be brought to the proper Regional %rial 4ourt. c" Kow to determine jurisdiction in accion publiciana Gnder 'atas *ambansa 'ilang /.-, the plenary action of $11io( &'3li1i$($ must be brought before the regional trial courts. With the modifications introduced by Republic #ct >o. ,@-/ in /--0, the jurisdiction of the regional trial courts was limited to real actions where the assessed alue e5ceeds *.B,BBB.BB, and *=B,BBB.BB where the action is filed in 9etro 9anila, thus! 1(4. /-. $urisdiction in ci il cases. N Regional %rial 4ourts shall e5ercise e5clusi e original jurisdiction! 5 5 5 5 &." In all ci il actions which in ol e the title to, or possession of, real property, or any interest therein, where the $##e##ed 4$l'e of t!e &ro&erty in ol ed e:1eed# %wenty thousand pesos &*.B,BBB.BB" or, for ci il actions in 9etro 9anila, where such alue e:1eed# )ifty thousand pesos &*=B,BBB.BB" e:1e&t $1tio(# for for1i3le e(try i(to $(d '(l$"f'l det$i(er of l$(d# or 3'ildi()#9 ori)i($l
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?'ri#di1tio( o4er "!i1! i# 1o(ferred '&o( t!e Metro&olit$( Tri$l Co'rt#9 M'(i1i&$l Tri$l Co'rt#9 $(d M'(i1i&$l Cir1'it Tri$l Co'rt#. U(der t!e l$" $# %odified9 ?'ri#di1tio( i# deter%i(ed 3y t!e $##e##ed 4$l'e of t!e &ro&erty &K<><RI< '(R>#RD<, *etitioner, s. K(IR1 <) (G1('I< JI88(A#1, Respondents, A.R. >o. /?++=, 9arch /=, .B/B". c" Kow to determine jurisdiction in accion rein endicatoria 1ection ++ of 'atas *ambansa 'ilang /.-, &the $udiciary Reorgani6ation #ct of /-?B", as amended by Republic #ct >o. ,@-/ pro ides for the jurisdiction of metropolitan trial courts, municipal trial courts and municipal circuit trial courts, to wit! 5 5 5 5 &+" (5clusi e original jurisdiction in all ci il actions which in ol e title to, or possession of, real property, or any interest therein where the assessed alue of the property or interest therein does not e5ceed %wenty thousand pesos &*.B,BBB.BB" or, in ci il actions in 9etro 9anila, where such assessed alue does not e5ceed )ifty thousand pesos &*=B,BBB.BB" e5clusi e of interest, damages of whate er 7ind, attorneyDs fees, litigation e5penses and costs! *ro ided, %hat in cases of land not declared for ta5ation purposes, the alue of such property shall be determined by the assessed alue of the adjacent lots. 'efore the amendments introduced by Republic #ct >o. ,@-/, the plenary action of accion publiciana was to be brought before the regional trial court./= With the modifications introduced by R.#. >o. ,@-/ in /--0, the ?'ri#di1tio( of t!e fir#t le4el 1o'rt# !$# 3ee( e:&$(ded to i(1l'de ?'ri#di1tio( o4er ot!er re$l $1tio(# +accion publiciana, accion rein endicatoria" where the assessed alue does not e5ceed *.B,BBB, *=B,BBB where the action is filed in 9etro 9anila. %he first le el courts thus ha e e5clusi e original jurisdiction o er accion publiciana and accion rei indicatoria where the assessed alue of the real property does not e5ceed the aforestated amounts.

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#ccordingly, the jurisdictional element is the assessed alue of the property. #ssessed alue is understood to be Wthe worth or alue of property established by ta5ing authorities on the basis of which the ta5 rate is applied. 4ommonly, howe er, it does not represent the true or mar7et alue of the property &)(R>#>D# A(<>I<> JD#. D( '#RR(R# #>D $<K>>P <4<, $R.,*etitioners,; ersus ;K(IR1 <) JI4(>%( 8(A#1*I, R(*R(1(>%(D 'P *(DR< 8(A#1*I,Respondents, A.R. >o. /,0+0@, 1eptember /., .BB?". Kow is jurisdiction determinedL It is a5iomatic that what determines the nature of an action as well as which court has jurisdiction o er it are the allegations of the complaint and the character of the relief sought. #ccordingly, where the case is forcible entry, it should normally come under the jurisdiction of the municipal court, before it was in fact filed &4hing . 9alaya, /=- 14R# 0/.. $urisdiction is determined by the nature of the action set forth in the complaint &4hing . 9alaya" 9ere assertion of ownership by the defendant or of tenancy relationship does not oust the court of its jurisdiction &Isidro . 4#, ..? 14R# =B+ &/--+". d" Who may institute the action and when; against whom the action may be maintained 21ubject to the pro isions of the ne5t succeeding section, a person de&ri4ed of t!e &o##e##io( of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, endor, endee, or other person against whom the possession of any land or building is '(l$"f'lly "it!!eld $fter t!e e:&ir$tio( or ter%i($tio( of t!e ri)!t to !old &o##e##io(9 3y 4irt'e of $(y 1o(tr$1t9 e:&re## or i%&lied9 or the legal representati es or assigns of any such lessor, endor, endee, or other person, may 9 $t $(y ti%e "it!i( o(e +,0 ye$r $fter #'1! '(l$"f'l de&ri4$tio( or "it!!oldi() of &o##e##io(9 bring an action in the proper M'(i1i&$l Tri$l Co'rt against the person or persons
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unlawfully withholding or depri ing of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs &1ection /, Rue ,B" Note#: /. %he Re ised Rule on 1ummary *rocedure pro ides that all pleadings shall be erified &1ection 0, Rule ,B". .. Gnder Republic #ct ,@-/ the first le el courts now has e5clusi e original jurisdiction in actions publiciana and accion rei indicatoria, where the assessed alue of the real property does not e5ceed twenty thousand pesos &*h.B,BBB" and fifty thousand pesos &*h =B,BBB" in 9etro 9anila. +. In forcible entry, the person depri ed of possession by force, intimidation, strategy, threat, stealth &3eyword! )I1%1" : #rticle =+- of the 4i il 4ode : #ny possessor disturbed in his possession" 0. In unlawful detainer, a" the landlord, endor or endee or other person against whom possession of land or building is unlawfully withheld; #rt. 0?, of >44 : any one of the co;owners, after the e5piration or termination of right to hold possession by irtue of contract b" the legal representati e or assignee of any landlord, endor, endee or other person. =. %he action may be maintained $)$i(#t persons unlawfully withholding or depri ing possession or any person claiming under them or against any person who is in legal possession of the leased lot, such as one who is acting on behalf of the sub;lessee. e" *leadings allowed 2%he only pleadings allowed to be filed are the 1o%&l$i(t9 1o%&'l#ory 1o'(ter1l$i% and 1ro##51l$i% &le$ded i( t!e $(#"er9 $(d t!e $(#"er# t!ereto . #ll pleadings shall be erified &1ection 0, Rule ,B". f" #ction on the complaint

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2%he court may, from an e5amination of the allegations in the complaint and such e idence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of a ci il action which $re $&&$re(t t!erei(. If no ground for dismissal is found, it shall forthwith issue summons &1ection =, Rule ,B" g" When demand is necessary 2Gnless otherwise stipulated, such action by the lesser shall be commenced only after demand to pay or comply with the conditions of the lease and to acate is made upon the lessee, or by ser ing written notice of such demand upon the person found on the premises if no person be found thereon, and the lessee fails to comply therewith after fifteen &/=" days in the case of land or fi e &=" days in the case of buildings &1ection ., Rule ,B". >otes! Gnder the present Rule, unless otherwise stipulated, such action by the lessor shall commence only after! /" demand to pay or comply with the conditions of the lease and to acate is made upon the lessee, ." by ser ing written notice of such demand jupon the person found in the premises, or +" by posting such notice on the premises if no person be found thereon, and the lessee fails to comply therewith after fifteen &/=" days in the case of land or fi e &=" days in the case of buildings.

Kow is demand madeL Demand may be made upon the tenant &may be oral" $a7ihaca . #quino, A.R. ?+-?., $anuary /., /--B" or ser ice of written notice of such demand upon person found in the premises or by posting in premises if no persons be found thereon &Jiray . I#4 /-? 14R# ,?@". h" *reliminary injunction and preliminary mandatory injunction 2%he court may grant &reli%i($ry i(?'(1tio(, in accordance with the pro isions of Rule =? hereof, to
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pre ent the defendant from committing further acts of dispossession against the plaintiff. 2# possessor depri ed of his possession through forcible from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance of a "rit of &reli%i($ry %$(d$tory i(?'(1tio( to restore him in his possession. %he court shall decide the motion within thirty &+B" days from the filing thereof &1ection /=, Rule ,B". i" Resol ing defense of ownership 2When the defendant raises the defense of ownership in his pleadings and the question of possession cannot be resol ed without deciding the issue of ownership, the issue of o nership shall be resolved o(ly to deter%i(e t!e i##'e of &o##e##io( &1ection /@, Rule ,B". >ote! When the defendant raises the question of ownership in his pleadings and the issue of ownership, the 9etropolitan %rial 4ourt, 9unicipal %rial 4ourts, and 9unicipal 4ircuit %rial 4ourts ha e the undoubted competence to re#ol4e t!e i##'e of o"(er#!i& o(ly to deter%i(e t!e i##'e of &o##e##io(. j" Kow to stay the immediate e5ecution of judgment 2If judgment is rendered against the defendant, e:e1'tio( #!$ll i##'e i%%edi$tely '&o( %otio( unless an $&&e$l !$# 3ee( &erfe1ted and the defendant to stay e5ecution file# $ #'ffi1ie(t #'&er#e$de# 3o(d, appro ed by the 9unicipal %rial 4ourt and e5ecuted in fa or of the plaintiff to pay the rents, damages, and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, !e de&o#it# "it! t!e $&&ell$te 1o'rt t!e $%o'(t of re(t d'e fro% ti%e to ti%e '(der t!e 1o(tr$1t9 if $(y, as determined by the judgment of the 9unicipal %rial 4ourt. I( t!e $3#e(1e of $ 1o(tr$1t, he shall deposit with the Regional %rial 4ourt the re$#o($3le 4$l'e of t!e '#e $(d o11'&$tio( of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period. %he
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superseades bond shall be transmitted by the 9unicipal %rial 4ourt, with the papers, to the cler7 of the Regional %rial 4ourt to which the action is appealed. #ll amounts so paid to the appellate court shall be deposited with said court or authori6ed go ernment depositary ban7, and shall be held there until the final disposition of the appeal, unless the court, by agreement of the interested parties, or in the absence of reasonable grounds of opposition to a motion to withdraw, or for justifiable reasons, shall decree otherwise. 1hould the defendant fail to ma7e the payments abo e prescribed from time to time during the pendency of the appeal, the appellate court, upon motion of the plaintiff, and upon proof of such failure, shall order the e5ecution of the judgment appealed from with respect to the restoration of possession, but such e5ecution shall not be a bar to the appeal ta7ing its course until the final disposition thereof on the merits . #fter the case is decided by the Regional %rial 4ourt, any money paid to the court by the defendant for purposes of the stay of e5ecution shall be disposed of in accordance with the pro isions of the judgment of the Regional %rial 4ourt. In any case wherein it appears that the defendant has been depri ed of the lawful possession of land or building pending the appeal by irtue of the e5ecution of the judgment of the 9unicipal %rial 4ourt, d$%$)e# for #'1! de&ri4$tio( of &o##e##io( $(d re#tor$tio( of &o##e##io( $(d re#tor$tio( of &o##e##io( %$y 3e $llo"ed t!e defe(d$(t i( t!e ?'d)%e(t of t!e Re)io($l Tri$l Co'rt di#&o#i() of t!e $&&e$l &1ection /-, Rule ,B". 7" 1ummary procedure; prohibited pleadings 2(5cept in cases co ered by the agricultural tenancy laws or when the law otherwise e5pressly pro ides, all actions for forcible entry and unlawful detainer, irrespecti e of the amount of damages or unpaid rentals sought to be reco ered, shall be go erned by the summary procedure hereunder pro ided &1ection +, Rule ,B" #s earlier indicated the pleadings allowed under this Rule are the 1o%&l$i(t9 1o%&'l#ory 1o'(ter1l$i% $(d

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1ro##51l$i% &le$ded i( t!e $(#"er9 $(d t!e $(#"er# t!ereto. All &le$di()# #!$ll 3e 4erified Kenceforth, the following petitions, motions, or pleadings shall not be allowed! /. 9otion to dismiss the complaint e5cept on the ground of lac7 of jurisdiction o er the subject matter, or failure to comply with section; .. 9otion for a bill of particulars; +. 9otion for new trial, or for reconsideration of a judgment, or for reopening of trial; 0. *etition for relief from judgment; =. 9otion for e5tension of time to file pleadings, affida its or any other paper; @. 9emoranda;

,. *etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; ?. 9otion to declare the defendant in default; -. Dilatory motions for postponement; /B. Reply; //. %hird;party complaints; /.. Inter entions. &1ection /+, Rule ,B". +./-./+. Co(te%&t 4oncept of contempt 4ontempt of court has been defined as a "illf'l disregard or disobedience of a public authority. In its broad sense, contempt is a disregard of, or disobedience to, the rules or orders of a legislati e or judicial body or an interruption of its proceedings by disorderly beha ior or insolent language in its presence or so near thereto as to
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disturb its proceedings or to impair the respect due to such a body. In its restricted and more usual sense, contempt comprehends a despising of the authority, justice, or dignity of a court. %he phrase contempt of court is generic, embracing within its legal signification a ariety of different acts. %he power to punish for contempt is inherent in all courts, and need not be specifically granted by statute. It lies at the core of the administration of a judicial system. Indeed, there ought to be no question that courts ha e the power by irtue of their ery creation to impose silence, respect, and decorum in their presence, submission to their lawful mandates, and to preser e themsel es and their officers from the approach and insults of pollution.E%he power to punish for contempt essentially e5ists for the preser ation of order in judicial proceedings and for the enforcement of judgments, orders, and mandates of the courts, and, consequently, for the due administration of justice. %he reason behind the power to punish for contempt is that respect of the courts guarantees the stability of their institution; without such guarantee, the institution of the courts would be resting on a ery sha7y foundation &8<R(>I< 1KI**I>A 4<R*<R#%I<>, <4(#>I4 4<>%#I>(R
8I>(1, I>4., 1<8ID 1KI**I>A 8I>(1 4<R*<R#%I<>, 1G8*I4I< 8I>(1, I>4., (% #8 *etitioner ; ersus ;DI1%RI'G%I<> 9#>#A(9(>% #11<4I#%I<> <) %K( *KI8I**I>(1, 8<R(>I< 4I>4<, and 4<R# 4GR#P Respondents, A.R. >o. /==?0-. #ugust +/, .B//"

a" 3inds of contempt 4ontempt of court is of two 7inds, namely! dire1t 1o(te%&t9 which is committed in the presence of or so near the judge as to obstruct him in the administration of justice; and 1o(#tr'1ti4e or i(dire1t 1o(te%&t , which consists of willful disobedience of the lawful process or order of the court. %he punishment for t!e fir#t i# )e(er$lly #'%%$ry and immediate, and no process or e idence is necessary because the act is committed i( facie 1'ri$e. %he inherent power of courts to punish contempt of court committed in the presence of the courts without further proof of facts and
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without aid of a trial is not open to question, considering that this power is essential to preser e their authority and to pre ent the administration of justice from falling into disrepute; such summary con iction and punishment accord with due process of law. There is authority !or the vie , ho ever, that an act, to constitute direct contempt punishable by summary proceeding, need not be committed in the immediate presence o! the court, i! it tends to obstruct justice or to inter!ere ith the actions o! the court in the courtroom itsel!. #lso, contemptuous acts committed out of the presence of the court, if admitted by the contemnor in open court, may be punished summarily as a direct contempt, although it is ad isable to proceed by requiring the person charged to appear and show cause why he should not be punished when the judge is without personal 7nowledge of the misbeha ior and is informed of it only by a confession of the contemnor or by testimony under oath of other persons. In contrast, the second usually requires proceedings less summary than the first. %he proceedings for the punishment of the contumacious act committed outside the personal 7nowledge of the judge generally need the obser ance of all the elements of due process of law, that is, notice, written charges, and an opportunity to deny and to defend such charges before guilt is adjudged and sentence imposed. b" *urpose and nature of each *lainly, therefore, the word summary with respect to the punishment for contempt refers not to the timing of the action with reference to the offense but to the procedure that dispenses with the formality, delay, and digression that result from the issuance of process, ser ice of complaint and answer, holding hearings, ta7ing e idence, listening to arguments, awaiting briefs, submission of findings, and all that goes with a con entional court trial. # distinction between in;court contempt, which disrupt court proceedings and for which a hearing and formal presentation of e idence are dispensed with, and out; of;court contempt, which require normal ad ersary procedures, is drawn for the purpose of prescribing what procedures must attend the e5ercise of a courtDs authority to
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deal with contempt. %he distinction does not limit the ability of courts to initiate contempt prosecutions to the summary punishment of in;court contempt that interfere with the judicial process. %he court may proceed upon its own 7nowledge of the facts without further proof and without issue or trial in any form to punish contempt committed directly under its eye or within its iew. 'ut there must be adequate facts to support a summary order for contempt in the presence of the court. E %he e5ercise of the summary power to imprison for contempt is a delicate one and care is needed to a oid arbitrary or oppressi e conclusions. %he reason for the e5traordinary power to punish criminal contempt in summary proceedings is that the necessities of the administration of justice require such summary dealing with obstructions to it, being a mode of indicating the majesty of the law, in its acti e manifestation, against obstruction and outrage. *roceedings for contempt are sui generis, in nature criminal, but may be resorted to in ci il as well as criminal actions, and independently of any action. %hey are of two classes, the criminal or puniti e, and the ci il or remedial. # criminal contempt consists in conduct that is directed against the authority and dignity of a court or of a judge acting judicially, as in unlawfully assailing or discrediting the authority and dignity of the court or judge, or in doing a duly forbidden act. # ci il contempt consists in the failure to do something ordered to be done by a court or judge in a ci il case for the benefit of the opposing party therein. It is at times difficult to determine whether the proceedings are ci il or criminal. In general, the character of the contempt of whether it is criminal or ci il is determined by the nature of the contempt in ol ed, regardless of the cause in which the contempt arose, and by the relief sought or dominant purpose. %he proceedings are to be regarded as criminal when the purpose is primarily punishment, and ci il when the purpose is primarily compensatory or remedial. Where the dominant purpose is to enforce compliance with an order of a court for the benefit of a party in whose fa or the order runs, the contempt is ci il; where the dominant purpose is to 4i(di1$te t!e di)(ity $(d $'t!ority of t!e
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1o'rt9 $(d to &rote1t t!e i(tere#t# of t!e )e(er$l &'3li19 t!e 1o(te%&t i# 1ri%i($l. Indeed, the criminal proceedings indicate the dignity of the courts, but the ci il proceedings protect, preser e, and enforce the rights of pri ate parties and compel obedience to orders, judgments and decrees made to enforce such rights &&8<R(>I< 1KI**I>A 4<R*<R#%I<>, <4(#>I4 4<>%#I>(R 8I>(1, I>4., 1<8ID 1KI**I>A 8I>(1 4<R*<R#%I<>, 1G8*I4I< 8I>(1, I>4., (% #8 *etitioner ; ersus ;DI1%RI'G%I<> 9#>#A(9(>% #11<4I#%I<> <) %K( *KI8I**I>(1, 8<R(>I< 4I>4<, and 4<R# 4GR#P Respondents, A.R. >o. /==?0-. #ugust +/, .B//". b" Direct contempt; penalty 2# person guilty of misbeha ior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensi e personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affida it or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court and &'(i#!ed 3y $ fi(e (ot e:1eedi() t"o t!o'#$(d &e#o# or i%&ri#o(%e(t (ot e:1eedi() te( +,.0 d$y#9 or 3ot!9 if it 3e $ Re)io($l Tri$l Co'rt or $ 1o'rt of eD'i4$le(t or !i)!er r$(89 or 3y $ fi(e (ot e:1eedi() t"o !'(dred &e#o# or i%&ri#o(%e(t (ot e:1eedi() o(e +,0 d$y9 or 3ot!9 if it 3e $ lo"er 1o'rt &1ection /, Rule ,/". c" Remedy against direct contempt 2%he person adjudged in direct contempt by any court may not appeal therefrom, but may a ail himself of the remedies of certiorari or prohibition. %he e5ecution of the judgment shall be suspended pending resolution of such petition, pro ided such person files a bond fi5ed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him &1ection ., Rule ,/".

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d" Indirect contempt; #cts deemed punishable as indirect contempt; penalty 2#fter a 1!$r)e i( "riti() !$# 3ee( filed , and an opportunity gi en to the respondent to comment thereon within such period as may be fi5ed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt; &a" 9isbeha ior of an officer of a court in the performance of his official duties or in his official transactions; &b" Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of e5ecuting acts of ownership or possession, or in any manner disturbs the possession gi en to the person adjudged to be entitled thereto; &c" #ny abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section / of this Rule; &d" #ny improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice; &e" #ssuming to be an attorney or an officer of a court, and acting as such without authority; &f" )ailure to obey a subpoena duly ser ed; &g" %he rescue, or attempted rescue, of a person or property in the custody of an officer by irtue of an order or process of a court held by him. 'ut nothing in this section shall be so construed as to pre ent the court from issuing process to bring the
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respondent into court, or from holding him in custody pending such proceedings &1ection +. Rule ,/". e" Kow indirect contempt proceedings are commenced 2*roceedings for indirect contempt may be initiated motu proprio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt. 2In all other cases, charges for indirect contempt shall be commenced by a erified petition with supporting particulars and certified true copies of documents or papers in ol ed therein, and upon full compliance with the requirements for filing initiatory pleadings for ci il actions in the court concerned. If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be doc7eted, heard and decided separately, unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision &1ection 0, Rule ,/". *enalty! If the respondent is adjudged guilty of indirect contempt committed against a Regional %rial 4ourt or a court of equi alent or higher ran7, he may be punished by a fine not e5ceeding thirty thousand pesos or imprisonment not e5ceeding si5 &@" months, or both. If he is adjudged guilty of contempt committed against a lower court, he may be punished by a fine not e5ceeding fi e thousand pesos or imprisonment not e5ceeding one &/" month, or both. If the contempt consists in the iolation of a writ of injunction, temporary restraining order or status quo order, he may also be ordered to ma7e complete restitution to the party injured by such iolation of the property in ol ed or such amount as may be alleged and pro ed &1ection ,, Rule ,/". g" 4ontempt against quasi;judicial bodies Gnless otherwise pro ided by law, this Rule shall apply to contempt committed against persons, entities,
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bodies or agencies e5ercising quasi;judicial functions, or shall ha e suppletory effect to such rules as they may ha e adopted pursuant to authority granted to them by law to punish for contempt. T!e Re)io($l Tri$l Co'rt of t!e &l$1e "!erei( t!e 1o(te%&t !$# 3ee( 1o%%itted #!$ll !$4e ?'ri#di1tio( o4er #'1! 1!$r)e# $# %$y 3e filed t!erefor &1ection /., Rule ,/".

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