GENERAL PRINCIPLES

Substantive law vs. Remedial law

In Substantive Law, it is part of the law which creates, defines and regulates the rights and duties which
will give rise to the cause of action. It makes vested rights possible and it is prospective in application.
In Remedial Law, it prescribes the methods of enforcing those rights and obligations created by
substantive law by providing a procedural system for obtaining a redress for the invasion of rights and
violation of duties.

Jurisdiction
Jurisdiction, is the power and authority of the court to hear, try and decide a case. It also includes the
power to execute decisions. And most especially it is conferred by law based on the facts alleged in the complaints.

How it is acquired?

Jurisdiction acquired over the person of the Plaintiff by filing a complaint or initiatory pleading.
Jurisdiction acquired over the person of the Defendant by voluntary appearance in court and through service
of summons.
Jurisdiction over the Subject matter wherein it is conferred by law and by the allegations of the complaint.
Jurisdiction over the issue wherein it is conferred and determined by the allegations in the pleadings of the
parties.
Jurisdiction acquired over the res by actual or constructive seizure and being put under custodial legis.

Error of Jurisdiction vs. Error of Judgment

In Error of jurisdiction, is one where the act complained of was issued by the court without or in excess of
jurisdiction.
In Error of judgment, is one which the court may commit in the exercise of its jurisdiction. In which such error does
not deprive the court of jurisdiction and is correctible by appeal.

Jurisdiction of Municipal Trial Courts MTC

As to Criminal Cases:
Offenses punishable of imprisonment not exceeding 6 years irrespective to the amount of fine and other imposable
penalties.

As to Civil Cases:
Personal Property. Civil actions and probate proceedings, testate and intestate, including the grant of provisional
remedies in proper cases where the value of the personal property does not exceed 200,000 outside Metro Manila
or does not exceed 400,000 within Metro Manila

Real Property. When it affects title to, possession of, real property or any interest therein where the assessed value
of the property or any interest therein does not exceed 20,000 outside Metro Manila or does not exceed 50,000
within Metro Manila.

Jurisdiction of Regional Trial Courts RTC

Matters incapable of pecuniary estimation, such as rescission of the contract.
Real Property. When it affects title to, possession of, real property or any interest therein where the assessed value
exceeding 20,000 outside Metro Manila or exceeds 50,000 within Metro Manila.

Probate proceedings where the gross value of the estate exceeds 300,000 outside Metro Manila or exceeds
400,000 within Metro Manila.

RULE 1. GENERAL PROVISIONS

Section 2: In what courts applicable.

These Rules shall apply in all courts, except as otherwise provided by the Supreme Court.

Section 3. Cases Governed.

These Rules shall govern the procedure to be observed in actions as to civil, criminal and special proceedings.

a. Civil Actions, is one by which a party sues another for the enforcement or protection of rights or the
prevention or redress of a wrong.

b. Criminal Actions, by which the State prosecutes a person for an act or omission punishable by law.

c. Special Proceedings, is a remedy by which a party seeks to establish a status, right or a particular fact.

Classification of Civil Actions:

As to NATURE:

Ordinary Civil action, actions not mentioned automatic ordinary.

Special Civil action, are governed by the Rule 62-71

As to CAUSE:

Real action, actions affecting title to, possession of, real property or any interest therein.

(such as: accion publiciana, forcible entry, unlawful detainer, foreclosure of mortgage or real property, partion of
real property)

Personal action, where it is founded in the privity of the contract or quasi delict.

(such as: actions for a sum of money or damages, enforcement of resolution of the contract or recovery of personal
property)

Mixed action, pertains to some degree to both real and personal.

(such as: actions for the recovery of land with damages)

As to PLACE:

Local actions, can only be instituted in a particular place whereas Personal action follows the residence of the
parties.

Transitory actions, follows the party wherever he may resides.

As to OBJECT:
Action in Personam, directed against a particular person and seeks a relief which would be binding only upon such
particular persons. It is brought against a person on the basis of his personal liability.

Action in Rem, is an action or proceeding in rem not directed against a particular person but on the thing or res
itself.

Action Quasi in Rem, directed against a particular person but seeks to reach and dispose of or deal with the
property located in the Philippines.

Section 4. In what cases NOT applicable.

These Rules shall not apply to:

a. Election cases

b. Land registration

c. Cadastral

d. Naturalization

e. Insolvency proceedings

EXCEPT, by analogy, in a suppletory character, practicable and convenient.

Section 5. Commencement of the action.

A Civil action is commenced by filing the original complaint in court.

Section 6. Construction.

These Rules shall be liberally construed in order to promote their objective to have a just, speedy and inexpensive
disposition of every action or proceedings.

RULE 2. CAUSE OF ACTION

Section 1. Ordinary civil actions, basis of.

Every ordinary civil actions must be based on the cause of action.

Section 2. Cause of Action.

A Cause of Action, is the act of omission by which a party violates the rights of another.

a. A right pertaining to the plaintiff

b. Correlative obligations on the part of the defendant

c. An act or omission on the part of the defendant that violates such plaintiffs rights.

d. Damage suffered by the plaintiff

(no cause of action if one of the elements are absent)

Cause of Action vs. Right of Action

Cause of Action, the delict or wrong committed by the defendant. It is created by substantive law.
Right of Action, is the right of the plaintiff to bring an action and to prosecute that action to final judgment. And it
is regulated by procedural law.

a. Plaintiff must have a good cause of action.

b. Must performed all conditions precedent to the filing of the action.

Section 3. One suit for a single cause of action.

A party may not institute more than 1 suit for a single cause of action.

Section 4. Splitting a single cause of action, effect of.

When two or more suits are instituted on the basis of the same of action, the filing of one or judgment upon the
merits in any one is available as a ground for the dismissal of the others. Also called LITIS PENDENTIA.

Splitting a single cause of action, is the practice of dividing 1 cause of action into different parts and making each
part of a different complaint.

Section 5. Joinder of causes of action.

A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have
against an opposing party.

Joinder of causes of action, which allows the party to join in one pleading two or more causes of actions against the
opposing party.

Joinder causes of actions allowed in the following conditions:

a. Where the party joining the cause of action shall comply with the rules of joinder of parties.

b. The joinder shall NOT include special civil actions or actions governed by special rules.

c. Causes of actions are between the same parties BUT pertain to different venues or jurisdictions.

d. Where the claim in all causes of actions are principally for the recovery of money.

PRINCIPLE: You cannot file more than 1 case when you have only 1 cause of action BUT the law allows to file 1
case for more than 1 cause of action

Alternative Joinder, exist when the cause of action is either the one or the other.

Cumulative Joinder, seeking for relief for all causes of actions

Section 6. Misjoinder of cause of action.

Is NOT a ground for dismissal of an action. A misjoinder cause of action may, on motion of a party or on the
initiative of the court, be severed: and proceeded separately.

RULE 3. PARTIES TO CIVIL ACTIONS

Section 1. Who may be the parties; plaintiff and defendant.

Only Natural or Juridical persons or Entities authorized by law may be the parties in the civil action.

Classes of Parties:

a. Real Party in Interest

b. Representative Party

c. Permissive Party

d. Indispensable Party

e. Necessary Party

Section 2. Parties in interest

A Real Party in Interest, is the party who stands to be benefited or injured by the judgment in the suits or party
entitled to the avails of the suit. UNLESS otherwise authorized by law, every action must be prosecuted or
defended in the name of real party in interest.

Section 3. Representative Party.

Where the action is allowed to be prosecuted or defended by a representative or someone acting in fiduciary
capacity. A representative may be a trustee of an express trust, guardian, executor or administrator or a party
authorized by law.

Section 6. Permissive joinder of parties.

All persons in whom or against whom any right of relief in respect to or arising out of the same transaction or series
of transactions is alleged to exist whether jointly or severally.

PRINCIPLE: When there is JOINDER of PARTIES, there is also JOINDER OF CAUSES OF ACTION. BUT there can be
JOINDER OF CAUSES OF ACTION without a JOINDER OF PARTIES.

Section 7. Compulsory joinder of Indispensable parties.

Parties in interest without whom no final determination can be had on action shall be joined either as plaintiffs or
defendant.

Section 8. Necessary parties.

The one who is not indispensable BUT ought to be joined as a party if complete relief is to be accorded as to those
already parties, or a complete determination or settlement of the claim of the subject of the action.

Section 11. Misjoinder and Non joinder of parties.

Neither misjoinder or non-joinder of parties is a ground for the dismissal of an action.

Section 12. Class Suit.

When the subject matter is one of common or general interest to many person so numerous that is impracticable
to join all as parties.

Section 16. Death of party; duty of the counsel.

 Whenever a party to a pending action dies, and the claim is not thereby extinguished. It shall be the duty of the
counsel to inform the court within 30 days after such death of the fact thereof. And to give the name and
address of his legal representative (heirs of the deceased) or representatives.

Failure of the counsel to comply with this duty is a ground for disciplinary action.

The court shall order the legal representative to appear as a substitute within 30 days from the day of notice.

Section 20. Action for Contractual money claims.

When the action is for the recovery of money arising from the contract, express or implied and the defendant
dies before the entry of final judgment in the court, it shall NOT be dismissed but instead allowed to continue
until entry of final judgment.

Section 22. Notice of the Solicitor General.

In any action involving the validity of any treaty, law, ordinance, executive order, presidential decree, rules or
regulations the court in its discretion require the appearance of the Solicitor General.

RULE 4. VENUE OF ACTIONS

Section 1. Venue of Real Actions.

Actions affecting title to, possession of real property or any interest therein, shall be commenced and tried in the
proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is
situated.

Forcible entry and Unlawful detainer action shall be commenced and tried in the MTC

Why does the law say tried in the proper court?

To determine either in the court of the MTC or RTC. Depending on the assessed value of the property.

If the assessed value is 20,000 or less = MTC

If the assessed value is 20,000 or over = RTC

Section 2. Venue of Personal Action.

It may be commenced and tried at the residence of the plaintiff or at the residence of the defendant at the election
of the plaintiff. Also known as Transitory Action.

Section 3. Venue of actions against nonresidents.

If any of the defendant does not reside and is not found in the Philippines and the action affects the personal
status of the plaintiff or property of the defendant is located in the Philippines, the action may have commenced
and tried in the court of the place where the plaintiff resides OR where the property or portion thereof is
situated
Section 4. Rules NOT applicable to.

a. In those cases, where specific rule or law provides.

b. Where the parties validly agreed in writing before the filing of the action on the exclusive venue thereof.

RULE 5. UNIFORM PROCEDURE IN TRIAL COURTS

Section 1. Uniform procedure.

The procedure in the MTC and RTC are most likely the same EXCEPT:

a. When it is expressly or impliedly applies on either courts.

b. Civil cases are governed under the Rules on Summary Procedure.

RULE 6. KINDS OF PLEADINGS

Section 1. Pleadings defined.

Pleadings are the written statements of respective claims and defenses of the parties submitted to the court for
appropriate judgment.

Section 2. Pleading allowed.

The claims are asserted in the complaint, counterclaim, cross-claim, third (fourth, etc.) party complaint, or
complaint in intervention.

The defenses of a party are alleged in the answer to the pleading asserting claims against him. An answer
may be responded in the reply

Section 3. Complaint.

A pleading alleging the plaintiffs cause or causes of action. The names and residences of the plaintiff must be
stated in the complaint.

Section 4. Answer.

A pleading where the defending party sets forth his defenses.

Section 5. Defenses.

May either be:

A negative defense, specific denial of the material fact or the facts alleged in the pleading of the claimant essential
to his cause or causes of action.
An Affirmative defense, allegation of a new matter, hypothetically admitting the material allegations in the pleading
of the claimant.

Section 6. Counterclaim.

Any claim which a defending party may have against an opposing party.

Section 7. Compulsory counterclaim.

Cognizable by the regular courts of justice. Arising out of or it is connected with the transaction or occurrence
constituting the subject matter of the opposing partys claim.

Section 8. Cross-claim.

Any claim by one party against his co-party arising out of the transaction or occurrence that is the subject matter.

Section 9. Counter-counterclaims and counter cross-claims

A counterclaim, may be asserted against an original counter claimant.

A cross-claim, may also be filed in an original cross claimant

.Section 10. Reply.

A pleading the function of which is to deny or allege facts in denial.

RULE 7. PARTS OF A PLEADING

Section 5. certification of Non-Forum shopping.

The plaintiff or the principal shall certify under oath in the complaint or other initiatory pleading asserting a claim
for a relief, or in a sworn certification annexed thereto and simultaneously filed therewith.

RULE 9. EFFECT OF FAILURE TO PLEAD

Omnibus Motion Rule, states that all the grounds for a motion to dismiss available at the time the motion is filed
shall be included and those not included are deemed waived EXCEPT for the following grounds:

a. Lack of jurisdiction over the subject matter

b. Res Judicata, the action is barred by prior judgment.

c. Litis Pendentia,

d. Prescription

Section 3. Default, declaration.

a. Effect of order of default. a party in default shall be entitled to notice of subsequent proceedings
not to take part of the trial.

b. Relief from order of default.

c. Effect on partial default.

 d. Extent of relief to be awarded.

e. Where no defaults allowed.

RULE 10. AMMENDMENTS

The 2 kinds of amendments are the following;

a. As a matter of right, a party may amend his pleading once as a matter of right at any time
BEFORE responsive pleading is served. (15 days)

b. As a matter of judicial discretion (10 days)

Section 6. Supplemental pleadings.

Upon motion of a party the court may, upon reasonable notice and upon such terms as are just.

Section 8. Effect of the amended pleadings.

An amended pleading supersedes the pleading that is amends.

RULE 11. WHEN TO FILE RESPONSIVE PLEADING

Section 1. Answer to the complaint.

The defendant shall file his answer to the complaint within 15 days after service of summons, UNLESS a different
period is fixed by the court.

Section 3. Answer to the amended complaint.

Where the plaintiff files an amended complaint as a matter of right the defendant shall answer the same
within 15 days after being served with a copy thereof.

If it is NOT a matter of right the defendant shall answer the amended complaint within 10 days from the notice
of the order admitting the same.

RULE 14. SUMMONS

Section 1. Clerk to issue summons.

Upon the filing of the complaint and the payment of the legal fees.

Section 2. Contents.
The summons shall be directed to the defendant, and signed by the clerk of court under seal

Summons, it is a writ or process issued and serve upon the defendant in a civil action for the purpose of securing
his appearance therein.

What is the purpose of summons?

enables the court to acquire jurisdiction over the person of the defendant.

Section 3. By whom served.

The summons may be served by the sheriff, his deputy, or other proper court officers, or for justifiable reason by
any suitable person authorized by the court issuing the summons.

Section 4. Return.

When the service has been completed, the server shall within 5 days , serve a copy of the return personally or
by registered mail, to the plaintiffs counsel and shall return the summons to the clerk who issued it, accompanied
by the proof of service.

3 types of modes of service:

a. Section 6 service in person on defendant.

b. Section 7 substituted service

c. Section 14,15,16 service by publication

Section 7. Substituted service.

For justifiable cause, the defendant cannot be served within reasonable time as provided, service may be effected:

a. Leaving copies of the summons at the defendants residence with some person of suitable age
and discretion.

b. By leaving copies at the defendants office or regular place of business with competent person in
charge.

Section 9. Service upon prisoners.

Service shall be effected upon him by the officer having the management of such jail or institution who is
deemed deputized as a special sheriff.

Section 15. Extraterritorial service.

The requisites for extraterritorial service of summons are:

a. That the defendant is a non-resident

b. That he is not found within the Philippines

c. That the proceeding is one in rem or in personam

Any order granting such leave shall specify a reasonable time, which shall not be less than 60 days after notice,
within which the defendant must answer.

Modes of extraterritorial service:

a. By personal service

b. By publication in a newspaper of general circulation in such places and for such time as the court
may order.

c. In any other manner which the court may deem sufficient.

Section 16. Residents temporarily out of the Philippines.

When any action is commenced against the defendant who ordinarily resides within the Philippines, BUT who is
temporarily out of it, service may, by leave of court, be also effected out of the Philippines.

Section 17. Leave of court.

Any application to the court under this Rule for leave to effect service in any manner for which leave of court is
necessary shall be made by motion in writing, supported by affidavit of the plaintiff or some person on his behalf,
setting forth the grounds for the application.

What is the main difference between the defendant in Section 15 and in Section 16?

In Section 15, defendant is residing abroad and not even found in the Philippines,

In Section 16, defendant is residing in the Philippines but temporarily out of the Philippines.

RULE 15. MOTIONS

Section 1. Motion defined.

Motion, is an application for relief other than a pleading.

3 EXCEPTIONS by way of a motion for a relief which normally prayed for in a pleading such as motion is praying for
a judgment already. The exceptions are:

a. Motion for Judgment to the Demurrer to Evidence (Rule 33)

 b. Motion for Judgment on the Pleadings (Rule 34)

c. Motion for Summary Judgment (Rule 35)

Section 2. Motions must be in writing.

Section 3. Contents.

A motion shall state the relief sought to be obtained and the grounds upon which it is based.

Section 4. Hearing of motion.

Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner
as to ensure its receipt by the other party at least 3 days before the date of hearing, UNLESS the court for good
cause sets the hearing on shorter notice.

(hearing on motion - the date of hearing must be set within 10 days after the filing of the motion?***

Section 5. Notice of Hearing.

The notice of hearing shall be addressed to all the parties concerned and shall specify the time and date of the
hearing which must not be later than 10 days after the filing of the motion.

(notice of hearing to the adverse party must be served in such a way that such party receives it at least 3 days
before the filing)***

The 10 days, 3 setting rule must coincide. Otherwise, the motion would be reduced into a mere scrap of paper
and without legal effect

Section 6. Proof of service.

NO written motion set for hearing shall be acted upon by the court without proof of service thereof.

Section 8. Omnibus motion.

Omnibus Motion, is one attacking a pleading, order, judgment or a proceeding which shall include all objections
available and all objections not so included shall be deemed waived.

RULE 16. MOTION TO DISMISS

Section 1. Grounds.

Within the time for but before the filing the answer to the complaint or pleading asserting a claim, a motion to
dismiss may be made any of the following grounds:

a. That the court has no jurisdiction over the person of the defending party.

b. That the court has no jurisdiction over the subject matter of the claim.

c. That venue is improperly laid

 d. That the plaintiff has no legal capacity to sue.

e. That there is another action pending between the same parties for the same cause.

f. That the cause of action is barred by the prior judgment

g. That the pleading asserting the claim states no cause of action

h. That the claim or demand set forth in the plaintiffs pleading has been paid, waived, abandoned or
otherwise extinguished.

i. That the claim on which the action is unenforceable

j. That a condition precedent for the filing the claim has not been complied with

Section 4. Time to plead.

If the motion is denied, the movant shall file his answer within the balance of the period but not less than 5 days
from his receipt of the notice of the denial.

If the pleading is ordered to be amended, he shall file his answer within the period prescribed by Rule 11 counted
from service of the amended pleading, UNLESS the court provides a longer period.

Section 5. Effect of dismissal.

Subject to the right of appeal, an order granting a motion to dismiss and shall bar the refiling of the same action
or claim.

RULE 17. DISMISSAL OF ACTIONS

Section 1. Dismissal upon the notice by plaintiff.

A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the
answer or a motion for summary judgment.

RULE 18. PRE-TRIAL

Section 1. When conducted.

After the last pleading has been served and filed, it shall be the duty of the plaintiff to move ex parte that the
case be set for pre-trial.

The pre-trial is mandatory. The court shall consider:

a. Possibility of amicable settlement

b. Simplification of issues

c. Necessity

d. Possibility of obtaining stipulation

e. The limitations of number of witnesses

f. The advisability of preliminary reference of issues

g. The propriety of rendering judgment on the pleadings

h. The advisability

i. Other matters may aid in the disposition of the action

Section 5. Effect of failure to appear.

The failure of the plaintiff to appear when so required by the court shall be the cause of dismissal of action.

The failure of the defendant shall be a cause to allow the plaintiff to present his evidence ex parte and the court
to render judgment on the basis thereof.

Section 6. Pre-trial brief.

The parties shall file with the court and serve on the adverse party, in such a manner as shall ensure their receipt at
least 3 days before the date of the pre-trial.

RULE 19. INTERVENTION

Section 1. Who may intervene.

A person who has legal interest in the matter in the litigation or in the success of either of the parties.

Section 2. Time to intervene.

The motion to intervene may be filed at any time before the rendition of judgment by the trial court.

RULE 23. DEPOSITIONS PENDING ACTION

Modes of discovery vs. Bill of Particulars?

Modes of discovery are intended to compel the other party to reveal his evidence and evidentiary facts.

Bill of Particulars, when you compel the party to clarify vague statement of ultimate facts but it is not an
instrument to compel the other party to reveal evidentiary facts.

5 types of MODES OF DISCOVERY?

 a. Depositions (Rule 23) 2 types of disposition: a. deposition pending action b. deposition before action or
pending appeal.

b. Written Interrogatories to parties (Rule 25)

c. Request for admission of adverse parties (Rule 26)

d. Production or inspection of documents and things (Rule 27)

e. Physical and mental examination of persons (Rule 28)

Deposition, is the written testimony of a witness given in the course of a judicial proceeding. There is cross-
examination, there is confrontation as if he is already testifying in court. It may be used in the following instances:

a. At the trial

b. Upon a hearing of a motion

c. Upon a hearing of Interlocutory proceeding

RULE 32. TRIAL BY COMMISIONER

Trial by commissioner, applies when there is something to be tried which requires some technical expertise, like
accounting and etc.

Examples of trial by commissioner:

a. Special civil action of expropriation under Rule 67

b. Special civil action of partition under Rule 69

RULE 33. DEMURRER TO EVIDENCE

Demurrer to evidence, a motion to dismiss filed by the defendant after the plaintiff had rested its case.

Section 1. Demurrer to evidence.

After the plaintiff has completed the presentation of his evidence, the defendant may move for the dismissal on the
ground that upon the facts and the law the plaintiff has shown no right to relief.

If the motion is denied, he shall have the right to present evidence.

If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived
the right to present evidence.

Motion to dismiss (Rule 16) vs. Demurrer to Evidence (Rule 33)?

Motion to dismiss (Rule 16), is made before the filing of an answer.

Demurrer to Evidence (Rule 33), is made after the plaintiff rests: its case, after the completion of the presentation
of his defense.

Motion to dismiss (Rule 16), there are several grounds in motion to dismiss.

Demurrer to Evidence (Rule 33), there is only one ground (the plaintiff has shown no right to relief)

Motion to dismiss (Rule 16), the defendant may file a responsive pleading.

Demurrer to Evidence (Rule 33), the defendant may present his evidence

Grounds for a demurrer to evidence?

a. Defendant may move for the dismissal on the ground that the plaintiff has shown no right of relief.

b. Res Judicata an inappropriate ground in sustaining demurrer to evidence.

Demurrer to evidence in a CIVIL case vs. in a CRIMINAL case?

a. Civil case, leave of court is not required before the filing a demurrer.

Criminal case, demurrer is filed with or without leave of court.

b. Civil case, demurrer is denied, the defendant may proceed to present evidence

Criminal case, the accused may adduce his evidence only if the demurrer is filed with leave of court.
Cannot present his evidence if he filed the demurrer without leave of court

c. Civil case, the court cannot on its own make a demurrer.

Criminal case, the court can or may do so.

RULE 34. JUDGMENT ON THE PLEADINGS

Section 1. Judgment on the pleadings.

Where an answer fails to tender an issue or otherwise admits material allegations of the adverse partys
pleading, the court may, have direct judgment on such pleading. HOWEVER, in actions for declaration of
the nullity or annulment of marriage or for legal separation the material facts alleged in the complaint
shall always be proved.

RULE 35. SUMMARY JUDGMENT

Summary Judgment, is a method for promptly disposing of actions in which there is no genuine issue as
to any material facts.

Section 3. Motion and proceeding thereon.

The motion shall be served at least 10 days before the time specified for the hearing.

The adverse party may serve opposing affidavits or admissions at least 3 days before the hearing.

RULE 36. JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

What are the 3 stages in a civil action?

First stage: Formulations Stage

Trying to find out the issues we are quarreling about. formulation of issues

Second stage: Stage of Proof

Parties in this stage will now offer: their evidence.

Third stage: Judgment Stage

The court will now decide and render judgment.

What are the requisites of a valid judgment?

a. The court rendering judgment must have jurisdiction over the subject matter

b. The court rendering judgment must have jurisdiction over the person the defendant, and in case
defendant is a non-resident, the court rendering judgment must have jurisdiction over the res.

c. The court rendering judgment must have jurisdiction over the issues.

d. The court rendering judgment must be validly constituted court and judge thereof.

What are the FORMAL requisites of valid judgment?

a. The judgment must be in writing

b. It shall be personal and directly prepared by the judge

c. It shall state clearly and distinctly the facts and the law on which it is based

d. It shall be signed by the judge and filed with the clerk of court.

Types of judgment?

a. Sin Perjuico judgment

b. Conditional judgment

c. Incomplete judgment

d. Nunc pro tunc judgment

e. Judgment upon a compromise

 f. Judgment upon a confession

RULE 37. NEW TRIAL OR RECONSIDERATION

Section 1. Grounds of and period for filing the motion for new trial or reconsideration.

a. Fraud, accident, mistake or excusable negligence which ordinary prudence.

b. Newly discovered evidence, have discovered and produced at the trial, and which

Section 9. Remedy against order denying a motion for new trial or reconsideration.

An order denying a motion for new trial or reconsideration is NOT appealable, that remedy being an appeal from
the judgment or final order.

RULE 38. RELIEF FROM JUDGMENT, ORDERS OR OTHER PROCEEDINGS

Section 2. Petition for relief from judgment, order or other proceedings.

When a judgment or final order is entered, or any other proceeding is thereafter take against a party in any court
through fraud, accident, mistake or excusable negligence, he may file a petition to the court and in the same
praying that judgment order or proceeding be set aside

Relief from judgment (Rule 38) vs. New trial (Rule 37)?

Relief from judgment, is filed thereafter but within the period prescribed in Section 3, Rule 38.

New Trial, is filed before or final order has become final and executory.

Section 3. Time of filing petition; contents and verification.

This Rule must be verified, filed within 60 days after the petitioner learns of the judgment, final order or other
proceeding to be set aside and not more than 6 months after such judgment or final order was entered, or such
proceeding was taken.

When you file a relief?

Once the judgment complained of has become final and executory, because the remedy of new trial is
lost. But it does not mean that you can file your petition for relief anytime.

Section 4. Order to file an answer.

An order requiring the adverse parties to answer the same within 15 days from the receipt thereof. The order shall
be served in such a manner as the court may direct together the copies of the petition and accompanying
affidavits.

Section 5. Preliminary Injunction pending proceedings.

The court in which the petition is filed, may grant such preliminary injunction as may be necessary for the
preservation of the rights of the parties upon the filing by the petitioner of a bond in favor of the adverse party.
If the petitioner fails on the trial, he will pay the adverse parties all damages and costs that may be awarded to
him by reason of the issuance of such injunction.

RULE 39. EXECUTION

Section 1. Execution upon judgment or final orders.

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

But if the appeal is duly perfected and finally resolved, the execution may forthwith be applied for in the court of
origin, submitting certified true copies of the judgment or orders sought to be enforced with the notice of the
adverse party.

Section 4. Judgments not stayed by appeal.

Judgments in actions for injunction, receivership, accounting and support and other judgment are declared to be
immediately executory. UNLESS otherwise provided by the trial court.

Section 5. Effect of reversal of executed judgment.

When executed judgment is reversed totally or impartially or annulled, on appeal may issue orders for restitution
o reparation of damages as equity and justice may warrant under circumstances.

Section 6. Execution by motion or by independent action.

A final and executory judgment or order may be executed on motion within 5 day years from the date of its entry.
After the lapsed of time may be enforced by action.

Section 7. Execution in case of death of party.

a. In case of death of the judgment obligee, upon the application of his executor or administrator or
successor in interest

b. In case of death of the judgment obligor, against his executor he may be in the recovery of real or
personal property or enforcement on lien.

Section 13. Property exempt from execution.

a. Judgment obligors family home

b. Ordinary tools and implements personally used

c. Three horses, three cows or three carabaos

d. Necessary clothing and articles for ordinary housekeeping

e. Household furniture and utensils

Section 14. Return on writ of execution.

The writ of execution shall be returnable to the court after the judgment has been satisfied in part or in full.

If the judgment cannot be satisfied in full within 30 days after his receipt of the writ, the officer shall report to
the court and state the reason therefor. And will continue to report to the court every 30 days on the proceedings
taken thereon until judgment I satisfied in full.

RULE 40. APPEAL FROM MTC TO RTC

Section 1. where to appeal.

An appeal from the judgment or final order of the MTC may be taken to the RTC exercising jurisdiction over the
area to which the former pertains. The title of the case shall remain as it was in the court of origin.

Section 2. When to appeal.

Appeal may be taken within 15 days after notice to the appellant of the judgment or final order appealed from.
Where record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30
days after notice of the judgment or final order.

Section 3. How to appeal.

The appeal is taken by filing a notice of appeal with the court that rendered judgment or final order appealed
from. Shall indicate the parties to the appeal and state the material dates showing the timeliness of the appeal.

Section 6. Duty of the clerk of court.

Within 15 days from the perfection of the appeal, the clerk of court shall submit an original record on appeal
together with the transcripts and exhibits.

Section 7. Procedure in the RTC.

a. Upon receipt of complete record, the clerk of court of the RTC shall notify the parties.

b. Within 15 days from such notice, duty of the appellant to submit an memorandum which shall briefly
discuss the errors imputed in the lower courts.

failure of the appellant to file a memorandum will be a ground for the dismissal of the appeal

c. Upon filing the memorandum or expiration of the period to do so, the case shall be considered
submitted for decision.
 RULE 41. APPEAL FROM RTC

Section 1. Subject of appeal.

An appeal may be taken from a judgment or final order that completely disposes of the case.

NO appeal may be taken from:

a. An order denying a motion for new trial or reconsideration.

b. An order denying a petition for relief

c. Interlocutory order

d. An order disallowing or dismissing an appeal

e. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground
of fraud, mistake or duress

f. An order of execution

g. A judgment or final order

h. An order dismissing an action without prejudice.

Above instances is NOT appealable, the aggrieved may file an appropriate special civil actions under Rule
65.

What orders or judgment are subject to appeal?

Only FINAL judgment or orders can be appealed. In the sense that it is already executory. Is one which
not merely an interlocutory that it completely disposes of the case or a particular matter therein where
there is nothing more for the court to do after its rendition.