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Civil Procedure 2 > 1st Wk - Remedies Before Finality > Flashcards

1st Wk - Remedies Before Finality Flashcards

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1
Q

what are;

(a) grounds for filing for new trial [and] reconsideration;

(b) period for filing for new trial or reconsideration?

LB

A

[A]
1. there is [famen] fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded against [and] by reason of which such aggrieved party has probably been impaired in his rights; or

  1. newly discovered evidence, which he could not, with reasonable diligence have discovered & produced at the trial, [and] which presented would probably alter the result.

[B]
1. evidence is insufficient to justify decision or final order
2. judgment is contrary to law
3. damages are excessive

TN:
even w/o MR, the court can motu proprio amend its judgment before it attains finality on the same grounds

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2
Q

remedies BEFORE finality of judgment

A

Motion for New Trial
Motion for Reconsideration
Appeal

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3
Q

remedies AFTER finality of judgment

A
  • Petition for Relief from Judgment
  • Petition for Certiorari
  • Action for Annulment of Judgment
  • Collateral Attack of a Judgment
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4
Q

when is judgment “final & executory”?

LB

A
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5
Q

how long is the period for taking an appeal?

LB

A
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6
Q

In a civil case for damages, the RTC rendered a decision on August 1, 2024, in favor of the plaintiff, REGASCO. The decision was served on August 5, 2024, directly to the defendant, Castro, at his home address. However, Castro was represented by AJMB, who did not receive a copy of the decision until August 20, 2024, when it was served at her law office.

Castro, believing that the period for filing an appeal started on August 5, 2024, consulted with AJMB on August 25, 2024, to discuss the appeal.

Question:

When was the official notice and receipt of judgment?

A

reckon from notice of decision by party’s counsel of records

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7
Q

In a civil case involving property disputes, the Regional Trial Court issued an interlocutory order on July 1, 2024, directing the parties to submit additional evidence. Attorney AJMB, representing the defendant, received the notice of the interlocutory order on July 3, 2024. Due to a heavy caseload, Attorney AJMB was unable to review the order until July 25, 2024. On July 28, 2024, Attorney AJMB decided to file a motion for reconsideration of the interlocutory order.

Question:

Can the motion for reconsideration filed on July 28, 2024, still prosper even though 15 calendar days have lapsed since Attorney AJMB received the interlocutory order?

A
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8
Q

In a criminal case for violation of RA 623, the court issued a resolution denying the defendant’s motion to quash the information on August 1, 2024. Attorney AJMB, representing the accused, received notice of the resolution on August 3, 2024. Believing the standard 15-calendar-day rule applied, Attorney AJMB prepared to file a motion for reconsideration on August 15, 2024.

Question:

Can Attorney AJMB validly file the motion for reconsideration on August 15, 2024, within 15 calendar days of receiving the notice of the resolution?

A
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9
Q

Enumerate Civil Actions where filing of MR is prohibited

A
  1. civil case in Sum Pro
  2. Unlawful Detainee
  3. Forcible Entry
  4. Small Claims
  5. Writ of Amparo & Habeas Data (Intr Ordr only)
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10
Q

Enumerate Civil Actions where filing of NT is prohibited

A

1-4 same with MR

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11
Q

NT>FAMEN> What type of fraud would warrant the filing of a NT and/or grant thereof?

A
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12
Q

A case is filed in court. Summons was issued for the defendant, but the plaintiff and the court process server connived to make it appear that the summons was served on the defendant, albeit not true. The court issued an order of default. Thereafter, plaintiff was allowed to present evidence ex parte. Then, ultimately the court issued judgment by default. Copy of the judgment by default is served on the defendant.

[a] Suppose the defendant had been served with the order declaring him in default, what would be his remedy, if any

[b] Suppose he is served with the judgment by default, what is his remedy, if any?

A
  1. motion to set aside default order (R9 RoC)
  2. MNT w/in period to appeal
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13
Q

In the trial for recovery of ownership and possession of a parcel of land, the defendant presented evidence tending to show that he acquired the property from the plaintiff, consisting of a falsified deed of sale and the perjured testimony of a witness. Plaintiff, through counsel, was able to examine the defendant’s evidence and cross-examine the latter’s witness. Plaintiff even presented rebuttal evidence. But the court decided the case in favor the defendant, as it lent credence to the evidence offered by the defendant.

Q: What is plaintiff’s remedy then, if any?

A

No MNT because this is intrinsic fraud (committed [or used] in the trial)

MR is the remedy

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14
Q

NT>FAMEN> Define Accident that would warrant the filing of a NT and/or grant thereof?

A
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15
Q

NT>FAMEN> Define Mistake that would warrant the filing of a NT and/or grant thereof?

A
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16
Q

NT>FAMEN> Define Excusable Negligence that would warrant the filing of a NT and/or grant thereof?

A

TN:
the negligence of counsel may become a ground for new trial if it was so great such that the party was prejudiced and prevented from fairly presenting his case (People vs. Manzanilla)

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17
Q

To be considered “newly discovered evidence” under the RoC, the ff requisites must be present:

A
  1. discovered AFTER trial
  2. could not be discovered at trial even with reasonable diligence
  3. material
  4. of such weight that it will probably change the judgment
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18
Q

when is a particular piece of evidence may be properly regarded as newly discovered to justify new trial?

or the questions of wheyher evidence is newly discovered has 2 aspects

A

1 temporal
2. predictive

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19
Q

Rojin filed a case for collection of unpaid loan against Irene. In her answer, Irene interposed the defense of payment but failed to, as she could not, present any receipt proving such payment because, in the first place, Rojin did not issue any receipt. At the trial, or even before the start thereof, Irene would have wanted to present, as her lone and vital witness, Mr. Waldi, as the latter was around when Irene tendered the payment to Rojin. The problem, however, was that Waldi could not testify, as he has been kidnapped and held captive by the Abu Sayaf. The government and the family of Waldi, and even Irene, exerted diligent efforts to secure Waldi’s release but all their efforts went to naught. After trial, the court resolved the case in favor of Rojin. Three

(3) days after Irene’s lawyer received a copy of the adverse judgment, Waldi was released from captivity, and, upon knowing of Irene’s predicament, Waldi voluntarily executed an affidavit in Irene’s favor.

Q: Can Irene file a motion for new trial on the basis of Waldi’s testimony when from the onset Rojin knew about Waldi’s testimony?

A
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20
Q

If Waldi was hostile against Rojin yet his testimony being material to her defense. what is Rojin’s remedy for a hostile witness who will only testify after the judgment has attained finality?

A
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21
Q

knowledge check: latin of “on this occasion only”

A

pro hac vice

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22
Q

Differentiate Motion to Reopen Trial and Motion for New Trial

A

[ ] after both offered evidence before judgment

[ ] recognized thru JP

[ ] based on paramount interest

23
Q

Requirements for a Motion for NT

LB

A
  1. in writing, stating grounds, copy furnished to adverse
  2. since litigious, comply w/ R15
  3. (2) affidavits if [FAME]:
    - stating facts constituting FAME
    - affidavit of merits

4.(2) docs if [Newly Found]
- Affidavit of Witness
- Duly authenticated Docs introduced for evidence

24
Q

When is new trial discretionary and when is it a demandable right

why distinguish?

A

(1) — Demandable when;
- movant deprived his day in court w/o his fault/negligence
- judgment of default given BEFORE period to answer expires
- Attack is JD of the court
- MNT not based on FAME

(2)

if DISCRETIONARY > Ground NT
FAME > Affidavit of Merit not required

25
Q

If ground for NT is newly discovered evidence such motion must be supported by;

A
  1. 2.
26
Q

Requirements for a MR

A
  1. in writing, stating grounds, copy furnished to adverse
  2. compliant to rule 15 as it is a litigious motion
  3. point out judgment not (1) supported by evidence (2) contrary to law referring to evidence of law
27
Q

knowledge check: what is a pro forma?

A

pro forma motion is one which:

  • does not satisfy the requirements of the rules, and
  • will be treated as a motion intended to delay the proceedings

Bar 2011

28
Q

when is a motion for NT or MR considered pro forma?

A
  1. not compliant to r15
  2. FAME > not supported by 2 affidavits
  3. N > not supported by 1 affidavit of witness and 1 duly authenticated document to be proposed in evidence
  4. MR > not point out judgement contrary to law or not supported by evidence
  5. 2nd MR
29
Q

when is a motion for MR considered pro forma? > [4] > will filing an MR on the same arguments and issues already posed and resolved by the trial court be considered pro forma?

A
30
Q

can MR on an interlocutory order be pro forma?

A
31
Q

VJN represents a client, Maria, who received an adverse judgment in an ordinary civil case on March 1, 2024. Maria has fifteen (15) calendar days from March 1, 2024, to file an appeal. Instead of filing an appeal, VJN files a motion for new trial based on F.A.M.E. on March 11, 2024. However, the motion is submitted without any affidavit supporting the claims.

The court issues an order denying the motion for new trial on March 21, 2024, stating that the motion was pro forma due to the lack of an affidavit.

can Maria still file an appeal from the main judgment after the court’s denial of the pro forma motion for new trial? Will the appeal prosper?

A
32
Q

What are the actions of a court upon a motion for NT or MR?

A

1

2

3.

TN

33
Q

Alice filed a motion for reconsideration after the RTC issued a judgment ordering her to pay Bob $10,000 and to vacate the property. The RTC granted the motion and issued an amended judgment which only ordered Alice to vacate the property, omitting the payment stipulation.

B argues that Alice should still pay as it was in a judgment

A

keyword: supersedes original judgement

33
Q

Can a litigant file a total of 2 Motions for NT?

A

General Rule,

The Exemption

34
Q

Provided in sec 5 rule 37 that no party shall be allowed to a second motion for reconsideration of a judgment or final order. What is the exemption to this rule?

prevailing jurisprudence

A

Gen, Omnibus motion all grounds

Exc, ground not existing when first motion was made

35
Q

What is the effect of granting a Motion for New Trial

A

1a

1b

2

36
Q

If the order denying a motion for new trial or reconsideration is not appealable, may it be questioned on certiorari?

A
36
Q

If the order denying a motion for new trial is not appealable and is not subject of certiorari under Rule 65, how about the order granting the motion for new trial? May the opposing party file a certiorari under Rule 65 assailing such court order granting the motion for new trial?

A
37
Q

On that note, when should the period of appeal reckon when the party whose MNT was granted by trial court and was later reversed by an appellate court thru Rule 65 certiorari

A
38
Q

what would happen if one of the parties files a motion for new trial or motion for reconsideration and the other party files an appeal from the judgment or decision of the court?

A
39
Q

LECTURE -

A
40
Q

MT compared to Petition for Relief

A
41
Q

small claims where no appeal may be had

A
  1. money claims not exceeding 1,000,000.00
    a. contract of lease
    b. contract of sale of personal property
    c. contract of loan and other credit transaction
    d. contract of service
  2. enforcement of brgy settlement/arbitration award where claim does not exceed 1Mil where it did not exceed 6 months

TN: so it is final and executory

41
Q

what case can MTC appeal to the CA immediately?

A
42
Q

remedy to pursue while case is in RTC for an MTC ejectment case

A
43
Q

Sec 5. Rule 37 provides that no party shall be allowed to a second motion for reconsideration.

A
  • 2ND MR is by leave of court
  • 2nd MR partook of the nature of a NT
  • 2nd MR is filed by the opposing party
  • 2nd MR is directed against an IO
  • 2nd MR is made by opposing party
44
Q

A filed a case for the quieting of title in the MTC, seeking to be declared the rightful owner of a piece of land. Despite the fact that the correct court to hear such cases is the Regional Trial Court (RTC), the MTC proceeded to hear the case and eventually rendered a decision in favor of A, declaring A as the rightful owner of the property. The judgment became final and executory.

B, who knew that the MTC had no jurisdiction over cases involving quieting of title, chose not to participate in the proceedings. Later, a separate expropriation case initiated by the government involving the property of B relying on the recent MTC ruling in favor of A

Question: What is the proper remedy for B in this situation?

A

The remedy for Mr. B is a collateral attack.

B collaterally attacked the MTC’s decision, asserting that it was void due to lack of jurisdiction.

In the case, the judgment was final and executory so no MR/NT/AP can be had. B can raise that MTC had no JD over his property as only the RTC is cognizable for quieting of title cases.

45
Q

Enumerate Cases where Multiple Appeals may be had.

A
  1. Several (s4) & Separate (s5) Judgments (R36)
  2. Spec Pro (R40, R109)
  3. Action for Recovery of Property w/ accounting
  4. Action for Partition of Property w/ accounting
  5. Special Civil Action of Eminent Domain
  6. Foreclosure of Mortgage
46
Q

A filed against B & C for a joint obligation of 10 million. B filed an answer and C filed his own answer saying it was condoned.

To this effect, B may file his own appeal and C may not.

How long is the period of appeal in this case?

A

30 calendar days

47
Q

When is filing an MR beyond the period of appeal permitted?

A

[GEN] is that a MR cannot be filed beyond the period of appeal

[EXC] is when the MR is not directed against the judgment but on an interlocutory order.

[EXC-EXC] when the MR against interlocutory order is a meritorious motion is governed by continuous trial of criminal cases where it shall only be [5 c.days] from the approval thereof.

TN:

48
Q

When is it prohibited to file an MR on the judgment?

A
  1. cases governed by summary procedure
  2. small claims cases
  3. forcible entry
  4. unlawful detainer
  5. petition for writ of amparo [or] writ of habeas data
49
Q

When is it prohibited to file an NT on the judgment?

A
  1. summary procedure
  2. small claims
  3. unlawful detainer
  4. forcible entry
50
Q

Douglas obtained a loan from MetroBank in 1972, secured by a chattel mortgage. Due to his failure to pay, MetroBank filed a complaint for sum of money and replevin in 1974. The RTC issued an Order of Replevin, but Douglas contested this up to the Court of Appeals (CA), which nullified the RTC’s orders. MetroBank’s petition for review was dismissed by the Supreme Court in 1999, affirming the CA’s decision.

In 2009, Douglas filed a petition for revival of judgment with the CA, arguing that MetroBank abandoned its claim. Which court has jurisdiction over the petition for revival of judgment?

A

The court with the proper JD is the RTC.

Action for Revival of Judgment is an action incapable of pecuniary estimation. BP 129 S19 provides that RTC shall have exclusive original JD on all civil actions in which the subject of the litigation is incapable of pecuniary expenses.

Civil Procedure 2 (15 decks)

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