a m + d g Remedial Law Review: Civil Procedure and  · a m + d g Remedial Law Review: Civil Procedure and Appeals Mickey Ingles 4C Ateneo Law 2012 Atty Tranquil (and some stuff from

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  • a m + d g Remedial Law Review: Civil Procedure and Appeals

    Mickey Ingles 4C Ateneo Law 2012 Atty Tranquil (and some stuff from Atty Guevarra)

    1

    FILINGFEES 2JURISDICTION 3SMALLCLAIMS 6Rule1 8RULE2CAUSEOFACTION 9RULE3PARTIESTOCIVILACTIONS 12RULE4VENUEOFACTIONS 21RULE5UNIFORMPROCEDUREINTRIALCOURTS 24RULE6KINDSOFPLEADINGS 27RULE7PARTSOFAPLEADING 33RULE8MANNEROFMAKINGALLEGATIONSINPLEADINGS 35RULE9EFFECTOFFAILURETOPLEAD 38RULE10AMENDEDANDSUPPLEMENTALPLEADINGS 41RULE11WHENTOFILERESPONSIVEPLEADINGS 44RULE12BILLOFPARTICULARS 46RULE13FILINGANDSERVICEOFPLEADINGS,JUDGMENTSANDOTHERPAPERS 48RULE14SUMMONS 53RULE15MOTIONS 60RULE16MOTIONTODISMISS 62RULE17DISMISSALOFACTIONS 66RULE18PRETRIAL 68RULE19INTERVENTION 71RULE20CALENDAROFCASES 72RULE21SUBPOENA 72RULE22COMPUTATIONOFTIME 74MODESOFDISCOVERY 75RULE23DEPOSITIONSPENDINGACTIONS 75RULE24DEPOSITIONSBEFOREACTIONORPENDINGAPPEAL. 81RULE25INTERROGATORIESTOPARTIES 82RULE26ADMISSIONBYADVERSEPARTY 83RULE27PRODUCTIONORINSPECTIONOFDOCUMENTSORTHINGS 84RULE28PHYSICALANDMENTALEXAMINATIONOFPERSONS 84RULE29REFUSALTOCOMPLYWITHMODESOFDISCOVERY 85RULE30TRIAL 86RULE31CONSOLIDATIONORSEVERANCE 88RULE32TRIALBYCOMMISSIONER 88RULE33DEMURRERTOEVIDENCE 90RULE34JUDGMENTONTHEPLEADINGS 91RULE35SUMMARYJUDGMENTS 91RULE36JUDGMENTS,FINALORDERSANDENTRYTHEREOF 92RULE37NEWTRIALORRECONSIDERATION 94RULE38RELIEFFROMJUDGMENTS,ORDERS,OROTHERPROCEEDINGS 96RULE39EXECUTION,SATISFACTIONANDEFFECTOFJUDGMENTS 98Briefoverviewofremedies 112APPEALS 113RULE40APPEALFROMMUNICIPALTRIALCOURTSTOTHEREGIONALTRIALCOURTS 113RULE41APPEALFROMTHEREGIONALTRIALCOURTS 114RULE44ORDINARYAPPEALEDCASES(PROCEDUREINCA) 118RULE42 119PETITIONFORREVIEWFROMTHEREGIONALTRIALCOURTSTOTHECOURTOFAPPEALS 119RULE43APPEALSFROMTHECOURTOFTAXAPPEALSANDQUASIJUDICIALAGENCIESTOTHECOURTOFAPPEALS 121RULE45APPEALBYCERTIORARITOTHESUPREMECOURT 123PROCEDUREINTHECOURTOFAPPEALS 125RULE46ORIGINALCASES 125RULE48PRELIMINARYCONFERENCEINTHECA 126RULE49ORALARGUMENT 126RULE50DISMISSALOFAPPEAL 127RULE51JUDGMENT 128RULE52MOTIONFORRECONSIDERATION 129RULE53NEWTRIAL 129RULE55PUBLICATIONOFJUDGMENTSANDFINALRESOLUTION 130RULE47ANNULMENTOFJUDGMENTSORFINALORDERSANDRESOLUTIONS 132

  • a m + d g Remedial Law Review: Civil Procedure and Appeals

    Mickey Ingles 4C Ateneo Law 2012 Atty Tranquil (and some stuff from Atty Guevarra)

    2

    This reviewer is based on Atty. Tranquil Salvadors lectures, stuff from Atty. Guevarra, Glenn Tuazons brilliant lecture notes, cases, and Feria-Noches book. (No Riano since I left it in my locker)

    Good luck! FILING FEES Important: Payment of docket fees is not only mandatory, but JURISDICTIONAL. Know the true nature of the action because it will determine the docket fees. So take note of the

    facts of each case. o It may seem like a cancellation of deed of sale, but it can ultimately be one for the

    recovery of property, making it a real action. (Ruby Shelter v Formaran III, 2009) For example: if the action is for the cancellation of a deed of sale and the titles

    have already been transferred to another party, thats a real action because the ultimate purpose is the recovery of real property. (thats what happened in Ruby Shelter)

    If the titles have not yet been transferred, it can be considered as a personal action. (Spouses de Leon cited in Ruby Shelter)

    Docket fees to be paid: o Real action: depends on the FMV stated in the current tax declaration or current zonal

    valuation of the BIR (whichever is higher), or if there is none, the stated value of the property in litigation.1

    o Cases involving actions incapable of pecuniary estimation: flat rate Docket fees computation include interests, penalties, surcharges, damages of whatever kind,

    attorneys fees, court expenses. (see footnote 1) (Proton v Banque Nationale de Paris, 2005) o So, if the plaintiff fails to pay the docket fees for alleged interest payments accruing before

    the complaint is filed, plaintiff can not recover such. (Proton, wherein a certain period of interest payment was alleged but the corresponding docket fees pertaining to such was not paid)

    o Important!: Compare with amount for jurisdictional purposes: only the principal claim is considered.

    It is the duty of the parties claiming such damages to specify the amount sought on the basis of which the court may make a proper determination and for the proper assessment of the appropriate fees.

    o The damages sought must be placed in the PRAYER of the complaint. (Philippine First Insurance v Pyramid Logistics, 2008, wherein Pyramid amended their complaint and still did not put the damages sought in the prayer. It was a sign of bad faith on their part.)

    If not, the complaint will be expunged. If the pleading specifies the claim, but the fees paid are insufficient, the court may

    allow a reasonable time for the payment of the prescribed fees, or the balance thereof.

    Example: if the party filing the case paid less than the correct amount for the docket fees because of the wrong assessment of the clerk of court, the responsibility of making a deficiency assessment lies with the same clerk. Party cannot be penalized for such, so court will continue to have jd over the case. But party will still have to pay the fees (Montaner v Sharia District, 2009)

    This also happened in Bautista v Unangst (2008) which involved the deficient assessment in the Court of Appeals. SC said that it was not the

    1 Rule 141, Sec. 7. Clerks of Regional Trial Courts. a) For filing an action or a permissive OR COMPULSORY counter-claim, CROSS-CLAIM, or money claim against an estate not based on judgment, or for filing a third-party, fourth-party, etc. complaint, or a complaint-in-intervention, if the total sum claimed, INCLUSIVE OF INTERESTS, PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEYS FEES, LITIGATION EXPENSES AND COSTS and/or in cases involving property, the FAIR MARKET value of the REAL property in litigation STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE, WHICHEVER IS HIGHER, OR IF THERE IS NONE, THE STATED VALUE OF THE PROPERTY IN LITIGATION OR THE VALUE OF THE PERSONAL PROPERTY IN LITIGATION AS ALLEGED BY THE CLAIMANT, is: xxx

  • a m + d g Remedial Law Review: Civil Procedure and Appeals

    Mickey Ingles 4C Ateneo Law 2012 Atty Tranquil (and some stuff from Atty Guevarra)

    3

    appellants fault but he still has to pay the deficient fees within the reglementary period. (since it was on appeal)

    o Exception: no need to place the amount sought if the damages arise AFTER the filing of the complaint since you wouldnt know how much that would be

    Compulsory counterclaims and cross-claims must now pay docket fees. (see footnote 1) GR: docket fees must be paid when you file the complaint. (clerk will look at prayer and then

    determine how much you have to pay.) o Exceptions:

    If the damages arose AFTER the filing, the additional docket fee will serve as a lien on the judgment

    Like interests accruing after the filing of the complaint (Proton v BNP) If the complaint is amended and new damages are alleged, the additional docket

    fee will be allowed to be paid within a reasonable time within the applicable prescriptive period or reglementary period (Tacay, cited in Philippine First)

    If the clerk makes a wrong assessment, the full amount must be paid within the applicable prescriptive period or reglementary period.

    Recipients of the service of the National Committee on Legal Aid and of the Legal Aid offices of the IBP are EXEMPT from payment of filing, docket fees. (Re: Request for NCLA, 2009)

    o This exemption does NOT apply to juridical entities, even if these entities are formed for charitable purposes or make extremely delectable ube jam. (Query of Mr Roger Prioreschi of the Good Shepherd Foundation, AM 9-6-9-SC)

    JURISDICTION Define jurisdiction:

    o The power of the court to hear, try, or decide the case o AS CONFERRED by law

    Court knows if it has jurisdiction based on the allegations of the complaint. (Villacastin v Pelaez, 2008, where the SC said that the allegations of a complaint made out an ejectment case so the MTC, and not the DARAB, had jd over the case even if the case was over agri land since it was not an agrarian dispute anyway.)

    The jurisdiction of a court may be questioned at any stage of the proceedings. No estoppel. It is the duty of the court to dismiss an action whenever it appears that the court has no jurisdiction over the subject matter. (Vargas v Caminas, 2008, where jd was questioned before trial court decided)

    o EXCEPT: laches (Tijam, where jd was questioned only after 15 years) For a court to properly exercise jd over a case, the requirements of law must be complied with.

    o Hence, when a RTC takes cognizance over an indirect contempt case filed through an unverified motion (and not through a verified petition with a certificate of non-forum shopping as required by Rule 71), the RTC has gravely erred.2

    Can the SC create special courts? 3 o NO. It can only designate. It cant confer jurisdiction, only law can do that. SC can only

    designate which courts will become special courts. IMPORTANT: in determining jurisdiction, you do NOT include damages, interest, attorneys fees,

    etc. o Only limit the amount to the demand or the claim.

    But, of course, if your action is for damages, then the amount of damages claimed is determinative.

    o The interest to exclude is the accessory interest. Not the loan interest. Example: The case is in Pampanga. The promissory note is for P298,000 with

    interest of 10% per annum, where do you file the collection suit for this?