REMEDIAL TIPS

(for those who will be under Judge Paguio)

1. What is jurisdiction?
 It is the power to hear and decide cases. (plain and simple)

2. How is jurisdiction over the person of the plaintiff acquired?

 By the filing of the complaint.

3. How is jurisdiction over the person of the defendant acquired?

 By proper service of summons or by his voluntary appearance in court.

4. How is jurisdiction over the res acquired?

 By seizure of the thing under legal process (not by publication)

5. What is the Doctrine of Primary Jurisdiction?

 Where jurisdiction is vested upon an administrative body, no resort to the courts may be made before such
administrative body shall have acted upon the matter.

6. P files an action against D to foreclose a chattel mortgage over a motor vehicle. In the same action, P applies for the issuance
of a writ of replevin for the seizure of the motor vehicle. As alleged in the complaint, P’s claim against D is the collection of a
sum of P190,000. The value of the motor vehicle is P500,000. What court has jurisdiction over the case?

 MTC because the claim does not exceed P300,000. What determines the jurisdiction of the court is the amount of
plaintiff’s claim, not the value of the motor vehicle sought to be seized by replevin.

7. May a foreign corporation sue and be sued in the Philippines?

 A foreign corporation transacting business in the Philippines without a license cannot sue, but it can be sued in any
court or administrative agency in the Philippines.

Exception: If the foreign corporation conducts an isolated transaction, it needs no license, and it may sue upon such
isolated business.

8. What is the effect if an indispensable party is not joined?

If an indispensable party is not impleaded, the court must order the plaintiff to amend his complaint for the purpose of
impleading the indispensable party. If the plaintiff fails or refuses to include such indispensable party, then the complaint
must be dismissed.

Note: not automatic dismissal

9. Instances where the court may motu proprio dismiss the complaint:
a. Lack of jurisdiction over the subject matter
b. Litis pendentia
c. Res judicata
d. Prescription
e. The plaintiff fails to appear on the date of presentation of his evidence-in-chief on the complaint without justifiable
reason
f. Plaintiff fails to prosecute his action for an unreasonable length of time
g. Plaintiff fails to comply with the Rules of Court or any order of the court

Note: Dismissal based on e, f and g shall have the effect of an adjudication upon the merits unless otherwise declared by the court in
its order of dismissal.
10. What are the effects of an amended pleading?
a. An amended pleading supersedes the pleading that it amends
b. Admissions in the superseded pleading may be received in evidence against the pleader
c. Claims or defenses alleged in the superseded but not incorporated in the amended pleading shall be deemed waived
(the most important thing to remember)

11. Suppose the court, on motion of the defendant, issues an order directing the plaintiff to file a bill of particulars, but the
plaintiff refuses to obey such order, what is the effect of the plaintiff’s refusal to comply? Or, plaintiff complies but his
compliance is insufficient?
a. The court may order the striking out of the pleadings or the portions thereof to which the order was directed
b. The court may even dismiss the complaint for failure of the plaintiff to obey an order of the court

12. On whom shall notice of pre-trial be served?

 Service upon counsel is enough. The counsel is charged with the duty of notifying the party represented by him.

13. What are the modes of service of judgments, final orders, or resolutions?
a. Personal service
b. Service by registered mail
c. Service by publication, but only if the party is summoned by publication and he did not appear in the action.

Note: Service of judgments by ordinary mail is super not allowed. But service of pleadings or motions may be done by ordinary
mail if no registry service is available in the locality of either the sender or the addressee.

14. What is the remedy of the plaintiff if his complaint is dismissed with prejudice?
 Appeal.

15. What is the remedy of the plaintiff if his complaint is dismissed without prejudice?
 Refile his complaint.

16. What is the effect of failure to serve written interrogatories?

A party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court or
to give deposition pending appeal, unless allowed by the court for good cause shown and to prevent failure of justice.

17. What is the effect of failure to serve request for admission?

A party who fails to file and serve a request for admission on the adverse party of material and relevant facts at issue which
are, or ought to be, within the personal knowledge of the latter, shall not be permitted to present evidence on such facts,
unless otherwise allowed by the court for good cause shown and to prevent a failure of justice.

18. If defendant demurs to plaintiff’s evidence, does the defendant waive his right to present evidence?

No. By filing his motion to dismiss on demurrer to evidence, the defendant does not waive his right to present evidence in
the event of denial thereof.

But if the motion is granted (meaning, the complaint was dismissed), but on appeal the order of dismissal is reversed, he
shall be deemed to have waived his right to present evidence. (the most important thing to remember)

19. After the plaintiff had rested his case, the defendant moved to dismiss the case on demurrer to evidence. The RTC granted
defendant’s motion and dismissed the case. Plaintiff appealed to the CA. The CA reversed the RTC’s decision but ordered that
the records of the case be remanded to the RTC for further proceedings. Is the CA correct in remanding the case to the RTC
for further proceedings?

No. The CA should have rendered judgment solely on the basis of plaintiff’s evidence.

20. What are the effects of an order granting motion for new trial?
a. The original judgment or final order shall be vacated
b. The action shall stand for trial de novo
c. The recorded evidence taken during the former trial, insofar as the same is material and competent to establish the
issues shall be used at the new trial without retaking the same (the most important thing to remember)
21. What is the effect of a timely appeal on the judgment appealed from?

The appeal, if seasonably taken, shall stay the judgment appealed from – although the judgment may be executed pending
appeal if there is a good reason therefore.

Note: Stay the judgment, not the execution of judgment

What are the exceptions? (Or what judgments are immediately executory, hence not stayed by appeal?)
a. Injunction
b. Receivership
c. Accounting
d. Support
e. Forcible entry and unlawful detainer judgments

22. The judgment against the defendant became final and executory on July 16, 1994. The plaintiff filed a motion for execution on
November 5, 1998. The court issued a writ of execution on December on December 20, 1998. The sheriff levied on the
property of the defendant on October 1, 1999. Is the levy valid?

No. At the time of the levy, the writ of execution was no longer effective. The writ of execution shall continue in effect during
the period within which the judgment may be enforced by motion. This means that the lifetime of a writ of execution is 5
years from the date of entry of judgment.
Defendant’s remedy in this case is to file a motion to quash levy.

23. Give some examples of good reasons that may justify execution pending appeal.
a. Deterioration of commodities subject of the litigation
b. Goods subject of the litigation easily go out of fashion, thus making them unsalable
c. The judgment may become illusory or the prevailing party may be unable to enjoy it

Note: The filing of a bond is not a good reason for ordering execution pending appeal.

24. The judgment in a forcible entry case orders the defendant to vacate the premises and to remove and demolish the house he
had built thereon. Armed with a writ of execution, the sheriff ousted the defendant from the premises and restored
possession thereof to the plaintiff. The sheriff likewise demolished the house built by the defendant on the premises. Was the
demolition of the house proper?

No. The demolition aspect of the judgment subject of the writ of execution cannot be implemented without a special order
for that purpose.

25. P filed a complaint against D in the MTC to recover possession of a parcel of land. Alleging that the MTC had no jurisdiction
over the subject matter of the action, D moved to dismiss the complaint. The MTC granted D’s motion and dismissed the
case without trial.

a. What is the remedy of P?

Appeal the order of dismissal to the RTC.

b. Suppose the RTC reverses the order of dismissal of the MTC, what procedural step must the RTC follow?

The RTC shall remand the case to the MTC for further proceedings since the reversal of the order of the dismissal is
an adjudication by it that the MTC has jurisdiction over the subject matter of the action.

c. Suppose the RTC affirms the order of dismissal, what procedural step must the RTC follow?

The RTC, if it has jurisdiction over the subject matter of the action shall try the case on the merits as if the case was
originally filed with it. But if the RTC has likewise no jurisdiction because it is cognizable by other quasi-judicial
bodies, such as DARAB, then it shall not try the case, and the case shall remain dismissed.

26. The MTC tried a case, although it had no jurisdiction over the subject matter thereof. The defendant did not move to dismiss
the case, and the MTC did not notice its lack of jurisdiction. After trial, it rendered a decision.

a. What is the remedy of the party who is aggrieved by the decision of the MTC?
 Appeal the MTC decision to the RTC.

b. What shall the RTC do with the case that was appealed to it?

The RTC, if it has original jurisdiction over the case, shall not dismiss the appeal, but shall decide the case on the
basis of the entire records of the proceedings had in the MTC and such memoranda as are filed by the parties. It
may, however, admit amended pleadings and additional evidence in the interest of justice.

Note: Compare this with the effects of the order denying/granting the demurrer to evidence.

27. Can a court issue a writ of injunction to stop the enforcement of a judgment rendered by another court or body of coordinate
of equal jurisdiction?

No. Exception: If a third party claimant is involved.

28. What are the elements of an action for interpleader?

a. A person against whom conflicting claims are asserted by several claimants

b. over the same subject matter
c. but who claims no interest whatever therein.

The plaintiff may bring an action for interpleader against the several claimants to compel them to interplead and litigate
their several claims among themselves.

29. Who can redeem the real property sold on an execution sale?

a. Judgment obligor/mortgagor
b. Redemptioner

Note: A redemptioner is a creditor having a lien by virtue of an attachment, judgment, or mortgage on the property sold, or on
some part thereof subsequent to the lien under which the property is sold.

30. What are the two stages in action for partition and accounting under rule 69?

a. First stage: the determination whether or not a co-ownership in fact exists. If the court finds that co-ownership
exists, then partition is proper. If the court finds that there is no co-ownership, the case should be dismissed.
b. Second stage: appointment by the court of not more than 3 commissioners to make the partition. This happens
when the parties cannot agree on the order of partition.

Note: Order of partition is issued if, after trial, the court finds that the plaintiff is entitled to partition. If the parties are unable
to agree on the order of partition, the court shall appoint commissioners to make the partition. The commissioners shall submit
their report to the court. If the court accepts the commissioners’ report, it will render judgment of partition.

Order of partition and judgment of partition are both appealable.

31. May the pendency of an action for consignation or specific performance or annulment of sale be successfully pleaded in
abatement of an action for unlawful detainer?

No. The question of ownership is immaterial in an action for unlawful detainer, The rights asserted and reliefs prayed for are
different in the two cases.

32. What happens if plaintiff amended his complaint but defendant did not answer to the amended complaint?

An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed.

Note: Same with supplemental complaint. The answer to the supplemental complaint shall serve as the answer to the
supplemental complaint if no new or supplemental answer is filed.

33. If a party is summoned by publication, how will the judgment, final order or resolution be served upon him?
 By publication also, unless defendant voluntarily appears.

34. If the defendant is a domestic private juridical entity, on whom may service of summons be made?
a. President
b. Managing partner
c. Corporate secretary
d. Treasurer
e. In-house counsel

Note: The enumeration is restricted, limited and exclusive.

35. When is the right time to file a motion to intervene?

At any time before rendition of judgment by the trial court.

36. What actions may be filed originally in the Supreme Court?

a. Petitions for certiorari
b. Prohibition
c. Mandamus
d. Quo warranto
e. Habeas corpus
f. Disciplinary proceedings against members of the judiciary and attorneys
g. Cases affecting ambassadors, other public ministers and consuls

Note: RTC also exercise original jurisdiction in the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
corpus and injunction which may be enforced in any part of their respective regions and in actions affecting ambassadors and
other public ministers and consuls.

37. Give an example where there can be no deficiency judgment.

Sale of personal property in installments.

Article 1484 of the Civil Code provides: In a contract of sale of personal property, the price of which is payable in installments,
the vendor may exercise any of the following remedies:
a. Exact fulfillment of the obligation, should the vendee fail to pay
b. Cancel the sale, should the vendee’s failure to ay cover two or more installments
c. Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee’s failure to pay cover
two or more installments. In this case, he shall have no further action against the purchaser to recover any unpaid
balance of the price. Any agreement to the contrary shall be void.

38. What is the best remedy of the defendant when plaintiff files an action for the foreclosure of a real estate mortgage and the
same time files an action for collection of money?

Defendant may move for the summary dismissal of the case on the ground of forum shopping. (not litis pendentia or res
judicata)
Short Questions from Albano’s Remedial Reviewer (might be helpful)
These questions are not found in Agranza’a Remedial Reviewer

1. May jurisdiction over the subject matter be waived?

 As a general rule, no. The exception is in cases of estoppels to question or raise jurisdiction.

2. What should the court do if the complaint on its face does not confer jurisdiction upon the court?
 It should dismiss it, because its only jurisdiction is to dismiss it. The court cannot defer any action.

3. May a court act on a case pending before it to the exclusion of other courts?
 Yes, because of the doctrine of judicial stability.

4. Can the COMELEC issue writs of certiorari, prohibition and mandamus?

 No.

5. What determines the proper court which has jurisdiction in a consignation case?
 The amount to be deposited determines the court where the petition for consignation shall be filed.

6. In an ejectment suit, may the court award damages for unpaid water or electric bills?
 No. It should be prosecuted in another tribunal.

7. In an ejectment suit, it was manifested that there is a case for quieting of title. Will this bar ejectment case?
 No. An action for forcible entry and unlawful detainer may proceed independently of the action for reconveyance. In the
same manner, an action for quieting title to property is not a bar to the ejectment suit involving the same property. The
reason is that the issue in ejectment cases is merely possession which can be decided independently of the issue of
ownership.

8. Will the failure to exhaust administrative remedies affect the jurisdiction of the court?
 No. The only effect of non-compliance with the principle of exhaustion of administrative remedies is that it will deprive
the complainant of a cause of action, which is a ground for motion to dismiss. If not invoked at the proper time, this
ground is deemed waived and the court can take cognizance of the case and try it.

9. What is a local action?

 It is one founded on privity of estates only and there is no privity of contracts.

10. What is a transitory action?

 It is one founded on privitt of contracts between the parties.

11. What is the effect of failure to object to the misjoinder of causes of action?
 It is deemed a waiver and it will be adjudicated with other causes of action.

12. When does a cause of action based on a written contract arise?

 Only when an actual breach or a violation of a contract occurs.

13. X abandoned his family. Y, the wife, filed a suit to cancel a real estate mortgage executed by X. Should the wife join the
husband?
 No. Where a husband abandoned the wife and child, the wife may bring an action to cancel a real estate mortgage
executed by the husband in favor of the bank without joining the wife.

14. Can there be a class suit in an action to recover real property?

 No. There can be no class suit in actions to recover real property against several persons occupying different portions.
Each represents individual or separate interest, not common to everyone.

15. After the death of the deendant, can his lawyer still appeal the decision?
 No.
 16. In case of a suit between members of the same family, what fundamental requirements must be complied with?
 Allegations of earnest efforts towards a compromise is a condition precedent to the filing of such suits. In case of non-
compliance , the complaint is assailable at any stage of the proceedings for lack of cause of action.

17. May an action be filed against a corporation in places where it maintains its branches?
 No. To allow an action to be instituted in any place where the corporation has branch offices, would create confusion
and work untold inconvenience to said entity.

18. What is the basic requirement with respect to the pleadings filed under the Rules on Summary Procedure?
 All pleadings must be verified.

19. What is the effect of failure to verify such pleadings?

 Nothing. The same can be cured, the requirement being a formal one. The defect therefore is formal, not jurisdictional.

20. May a person testify without submitting an affidavit?

 Yes.

21. A case is governed by the Rules on Summary Procedure. If there is no referral to the Lupon before its filing, what should the
court do?
 Dismiss the case without prejudice, but it can be revived after compliance with the requirement.

22. After judgment was rendered by the MTC, the defendant appealed to the RTC. Are the Rules on Summary Procedure still
applicable?
 No. Summary rules do not apply anymore when the case is on appeal.

23. May the RTC entertain a counterclaim below its jurisdiction?

 Yes, provided that it arises out of the same transaction or occurrence constituting the subject matter of the opposing
party’s claim.

24. What is the effect where a counterclaim is filed beyond the jurisdiction of the MTC?
a. It need nit be set-up but even if it is set-up, it is done so only by way of defense
b. There is waiver of the excess amount

25. What is the effect if there is forum shopping.

a. If not willful and deliberate – the subsequent cases shall be dismissed without prejudice
b. If willful and deliberate – both or all actions(if there are more than two) shall be dismissed with prejudice

BARANGAY CONCILIATION

1. In an action for ejectment, there was an allegation that the parties reside in different barangays an cities. Is there a need for
barangay conciliation?

No. The requirement applies o only to those cases where real parties-in-interest actually reside in the same city or
municipality. The exception is when the barangays are adjacent to one another even if they are located in different cities.

2. What is the nature of the non-referral of a case to the barangay when the law requires it?

It is not jurisdictional in nature and may therefore be deemed waived if not raised seasonably in a motion to dismiss.

3. X filed a complaint for ejectment with the MeTC, Manila without any certification by the barangay having been issued
despite the prior filing of a case in said barangay office. A few days later, he filed a manifestation in court attaching thereto a
certification subsequently issued by the proper barangay office. What is the effect of the subsequent issuance of the
certification?

Substantial compliance with the Local Government Code which cures the defect.

4. X filed a complaint for grave oral defamation against Y without prior recourse to barangay conciliation. If you were the judge,
would you dismiss the action?
 No, because a case for Grave Oral Defamation may be filed directly in court.

5. In a complaint for Annulment of a Deed of Extrajudicial Settlement of Estate, two parties are residents of the same
municipality, but the others are residents of different municipalities. Is there a need for prior barangay conciliation?

No more.

6. If the parties belong to the cultural minorities, what rules shall the pangkat apply?

The customs and traditions of indigenous cultural communities

7. X filed a complaint against Y. Before the Lupon, they settled the dispute. Y, however, later on filed an action to annul the
compromise agreement contending that his consent was obtained by mistake or fraud. X filed a Motion to Dismiss on the
ground of lack of cause of action as Y did not repudiate the compromise agreement within 10 days. Decide.

Motion to Dismiss must be granted. The parties are bound by the compromise agreement since the same was not repudiated
by either one of them within 10 days from the date of signing

8. What is the remedy from the denial of a Motion to Dismiss on the ground of non-compliance with the Katarungang
Pambarangay Law?

Appeal, not certiorari.

9. A case was filed in court without first referring to barangay conciliaition. May the court take cognizance of it especially if not
objected to?

Yes. Non-compliance with the condition precedent under the LGC does not prevent a court of competent jurisdiction from
exercising its power of adjudication over a case where the defendants fail to object to such exercise o jurisdiction.

 Don’t forget to review the actions falling under the jurisdiction of MTC and RTC
 Acts constituting direct and indirect contempt as well as their respective penalties and the remedies of the party adjudged in
contempt
 Modes of Appeal
 Provisional Remedies
1. Preliminary Attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
5. Support Pendente Lite
 Special Civil Actions
1. Interpleader
2. Declaratory Relief
3. Review of Judgments and Final Orders or Resolutions of the COMELEC and COA
4. Certiorari, Prohibition, Mandamus
5. Quo Warranto
6. Expropriation
7. Foreclosure of Real Estate Mortage
8. Partition
9. Forcible Entry and Unlawful Detainer
10. Contempt
 Instances when Certiorari may be resorted to even without first filing Motion for Reconsideration
 The Katarungang Pambarangay Law esp. the exceptions to the requirement of barangay conciliation