1

(I) 3. If the child was born after the death of the husband-(case of
Question on valid summons: above qualify).
- Proceeding #1 Heirs may also impugn the same in special
TN in an action strictly in personam like a complaint for a sum of money, proceeding for settlement of estate of the decedent. In such
personal service is the preferred mode of service (jurisprudence). By the probate court may have the power to determine the heirs
handling a copy of the summons personally to the defendant. If such of the decedent.
cannot be obtained then substituted service could be resorted by: - Proceeding #2 The child may be submitted for DNA Testing or
1. It must be shown by stating effort made to fine the defendant blood testing inorder to determine paternity and filiation. SC
personally but such failed; held that blood grouping test are conclusive as to non-
2. Made in the proof of service. paternity. Although inclusive to as to paternity.

In an case where the defendant declared defaulted by above: The ff
remedies avail by such defendant (for a sum of money):
1. He may at any time after the discovery of default:
B4 JUDGMENT
- File a motion under OATH to SET ASIDE THE ORDER OF
DEFAULT ON THE GROUND OF FAME and that he has
meritorious defense;
JUDGMENT BUT B4 FINAL AND EXECUTORY (DOCTRINE OF NEWTRIAL COZ
OF JUDGMENT NOT FINAL)
- MOTION FOR NEW TRIAL under Rule 37 1(A). Rationale: why
new trial? Coz you could always resort to trial again as if there
was no trial coz the judgment has not yet become final, thus
susceptible for changing the decision will likely be done.
(III) Case of Vehicle Mishap, the process:
As a lawyer who has a client wc is a victim of above passenger
of a jeepney:
1. I will have first him in medical inorder to ascertain the
gravity and extent of d injuries sustained from d
accident;
2. Second, I will secure a police relative to the mishap;
3. Third, I will have him execute his sinumpaang salaysay. I
will use it to execute my complaint Affidavit and file the
same in the Office of the Prosecutor and later on the
MTC in the City for the crime of reckless imprudence
resulting to Physical injuries and damage to prop. (Crm
Pro).

JUDGMENT BECOMES FINAL

- If he discovered default in this stage, he may file PETITION
FOR RELIEF under Section 2of Rule 38 and may appeal from
such judgment against him as contrary to the evidence or to
the law, even if no petition to SET ASIDE the order of the
default has been presented by him.

Additional Remedies:
1. Motion for reconsideration RULE 37
2. Annulment of judgment RULE 47
3. Petition for Certiorari RULE 65

(II)

Criminal Action for Concubinage and Adultery:

- If the offended party is already dead, then the criminal action
for adultery as contemplated by the offended party’s relative
is no longer viable.
- Rule of Court provides that it must be prosecuted by the
Offended Spouse only.

Heirs may impugned the filiation of the child Under Art 171 of the Civil
Code, and the ff are different proceedings:
1. If the husband be dead b4 expiration of the period fixed for
bringing his action;
2. If he die after the filing of the complaint, without desistance;