General Jurisdiction & CivPro

Question 1

What is an exception to Rule 45 of the Rules of Court that only questions of law may be raised in a petition for review on certiorari as the Court is not a trier of facts?

Answer 1

The issue of the existence of relationship, whether that of an employer-employee or a partnership, is ultimately a question of fact.

However, by way of exception, when there is a conflict among the factual findings of the LA and the CA as opposed to that of the NLRC, it is proper, in the exercise of the Court’s equity jurisdiction, to review and re-evaluate the factual issues and to look into the records of the case and re-examine the questioned findings.

Question 1

What is Rule 45 of the Rules of Court ?

Answer 1

It circumscribes that only questions of law may be raised in a petition for review on certiorari as the Court is not a trier of facts.

Question 2

Non-payment of Docket fees

Is the failure to pay the appellate court docket fees within the reglementary period warrants dismissal of the appeal?

Answer 2

No.
the failure to pay the appellate court docket fees within the reglementary period warrants only a DISCRETIONARY DISMISSAL of the appeal AND NOT AUTOMATIC DISMISSAL. Furthermore, the Court shall exercise its power to dismiss in accordance with justice and fair play and with great consideration of all circumstances.
Ligaya vs Court of Appeals

Question 3

What is the doctrine of Res Judicata?

Answer 3

The doctrine of Res Juricata requires that stability be accorded to judgments lest there would be endless controversies.

The relitigation of issues already settled burdens the courts and the taxpayers, creates uneasiness and confusion and waste valuable time and energy that could be devoted to worthier causes.

Question 4

Differentiate Substantive Law vs. Adjective Law

Answer 4

Substantive law is that part of the law which
creates, defines and regulates rights, or which
give rise to a cause of action; as opposed to
adjective or remedial law, which prescribes the
method of enforcing rights or obtains redress for
their invasion. (Bustos v. Lucero, G.R. No. L2068)

Question 5

What is the Rule-Making Power of the Supreme Court?

Answer 5

The Supreme Court has the power to promulgate
rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged.

The Supreme Court has the sole prerogative to
amend, repeal, or even establish (ARE) new
rules for a more simplified and inexpensive
process, and the speedy disposition of cases.
(Neypes v. CA, G.R. No. 141524)

Question 6

What are there Limitations on the Rule-Making Power of the Supreme Court?

Answer 6

Sim In Sp Un

Rules shal not DIM substantive rights.

Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.

Question 7

What is Doctrine of Hierarchy of Courts?

Answer 7

The doctrine of hierarchy of courts requires
that recourse must first be obtained from lower
courts sharing concurrent jurisdiction with a higher court. This is to ensure that the Supreme Court remains a court of last resort as to satisfactorily perform the functions assigned to it by the fundamental charter and immemorial tradition. (Provincial Bus Operators Association
of the Philippines v. DOLE, 836 Phil. 205, 2018

Question 8

Are there exception to the doctrine of hierarchy of Courts?

Answer 8

XPN:
The Supreme Court may disregard
hierarchy of courts if warranted by the following, which are allegations of “serious and important reasons”.

Gen-Trans-1st-Bet-Rev-No PSA-PuWe

Question 9

What is the rationale of the Hierarchy of Court?

Answer 9

To prevent BOD

1. Inordinate demands upon the Court’s time
   and attention which are better devoted to those
   matters within its exclusive jurisdiction;
2. Further over-crowding of the Court’s docket;
   and
3. Inevitable and resultant delay, intended or
   otherwise, in the adjudication of cases, which in some instances had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to
   resolve the issues because this Court is not a trier
   of facts (✮ Knutson v. Sarmient-flores [ G.R. No.
   239215, 2022, as penned by J. MV Lopez).

Question 10

What is the Doctrine of Non-Interference and Judicial Stability?

Answer 10

No court can interfere by injunction with the
judgments or orders of another court of
concurrent jurisdiction having the power to
grant the relief sought by the injunction.

: a court that acquires
jurisdiction over the case and renders judgment
therein has jurisdiction over its judgment, to the
exclusion of all other coordinate courts, for its
execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers acting in connection with this
judgment. (Mañalac v. Hon. Gellada, AM No.
RTJ-18-2535, 2018)

Question 11

What is the nature of Suppletory Application of the Rules of Court in Administrative
Bodies?

Answer 11

The provisions of the Rules of Court may be
applied suppletorily to the rules of procedure of
administrative bodies exercising quasi-judicial
powers, UNLESS otherwise provided by law or the
rules of procedure of the administrative agency
concerned.

Question 12

How are the Rules of Court construed?

Ju Sp In

Answer 12

The Rules of Court shall be liberally construed in
order to promote their objective of securing a
just, speedy and inexpensive disposition of every action and proceeding.

Question 13

Aspects of Jurisdiction

What is Jurisdiction Over the Subject Matter?

Answer 13

Jurisdiction over the subject matter is the power to hear and determine the general class to which the proceedings in question belong; it is conferred by law and not by the consent or acquiescence of any or all of the parties or by
erroneous belief of the court that it exists. Thus,
when a court has no jurisdiction over the subject matter, the only power it has is to dismiss the action. (Bilag v. Ay-ay, G.R. No. 189950, 2017)

Question 14

What is the nature of a Motion to dismiss as a prohibited motion;
exception?

Answer 14

As a general rule, a motion to dismiss is a prohibited motion under Sec. 12, Rule 15 of the amended Rules.

One of the exceptions provided is the ground of lack of jurisdiction over the
subject matter of the claim.

Lack of jurisdiction
over the subject matter is also an affirmative
defense which can be raised in a defendant’s
answer (Sec. 12(d), Rule 8 in rel. to Sec. 5(b), Rule
6)

Question 15

How is Jurisdiction over the subject matter determined?

Answer 15

Basic as a hornbook principle is that jurisdiction
over the subject matter of a case is determined
by the ALLEGATIONS in the complaint which
comprise a concise statement of the ultimate
facts constituting the plaintiff’s cause of action.

Question 16

What it meant by ”Jurisdiction is conferred by law”?

Answer 16

It CANNOT be:
a. Conferred by voluntary act or agreement of
the parties,
b. Acquired, waived, enlarged, or diminished by
any act or omission of the parties, or
c. Conferred by the acquiescence of the courts,
d. Conferred by administrative policy of any court, or
e. Conferred by a court’s unilateral assumption
of jurisdiction.

The nature of an action, as well as which court or
body has jurisdiction over it, is determined based
on the allegations contained in the complaint of the plaintiff, irrespective of whether or not the
plaintiff is entitled to recover upon all or some
of the claims asserted therein.

The allegations in the body of the complaint
define the cause of action. The caption or title of
the cause of action is not controlling (Dela Cruz
over the subject matter of a case is determined
by the allegations in the complaint which
comprise a concise statement of the ultimate
facts constituting the plaintiff’s cause of
It cannot be:
a. Conferred by voluntary act or agreement of
the parties,
b. Acquired, waived, enlarged, or diminished by
any act or omission of the parties, or
c. Conferred by the acquiescence of the courts,
d. Conferred by administrative policy of any
court, or
e. Conferred by a court’s unilateral assumption
of jurisdiction.
The nature of an action, as well as which court or
body has jurisdiction over it, is determined based
on the allegations contained in the complaint of
the plaintiff, irrespective of whether or not the
plaintiff is entitled to recover upon all or some
of the claims asserted therein. The averments in
the complaint and the character of the relief
sought are the ones to be consulted. Once
vested by the allegations in the complaint,
jurisdiction also remains vested irrespective of
whether or not the plaintiff is entitled to recover
upon all or some of the claims asserted therein.
(Padlan v. Dinglasan, G.R. No. 180321, 2013)
The allegations in the body of the complaint
define the cause of action. The caption or title of
the cause of action is not controlling (Dela Cruz
v. CA, G.R. No. 13944, 2006)

Question 17

What is the rule on Estoppel in raising Lack of Jurisdiction?

Answer 17

GR: Lack of jurisdiction over the subject matter
may be raised at ANY STAGE of the proceedings,
even for the first time on appeal (Asiatrust
Development Bank v. First Aikka Development,
Inc., G.R. No. 179558, 2011

XPN: Tijam v. Sibonghanoy (G.R. No. L-21450
(1968) laid the doctrine of estoppel by laches,
where the SC ruled that a party may be barred
from questioning a court’s jurisdiction after
invoking the court’s authority in order to secure
affirmative relief against its opponent, when
laches would prevent the issue of lack of
jurisdiction from being raised for the first time
on appeal by a litigant whose purpose is to annul
everything done in a trial in which it has actively
participated.
In Tijam v. Sibonghanoy, the matter had been
unresolved for 15 years, and the defendant appellant only brought up the issue of
jurisdiction after the Court issued an unfavorable
decision.

As such, Tijam v. Sibonghanoy must be construed as an exception to the general rule and applied only IN MOST EXCEPTIONAL CASES cases where the factual milieu is similar to that in the said case (Figueroa v. People, G.R. No. 147406, 2008).

Question 18

What is Jurisdiction over the parties?

Answer 18

Jurisdiction over the parties is the power of the
court to make decisions that are binding on the
parties. (People’s General Insurance Corp. v.
Guansing, G.R. No. 204759, 2018)

Jurisdiction over the parties is an element of due process that is essential in all actions, civil or criminal, except in actions in rem or quasi in rem
(Guy v. Gacott, G.R. No. 206147, 2016).

Question 19

How is jurisdiction over the PLAINTIFF is acquired in Civil and Criminal Cases?

Answer 19

in CIvil Case:
Upon filing of the
complaint/petition
and timely payment
of the correct docket
fees.

Payment in full of
docket fees within the
prescribed period is
not only mandatory,
but also jurisdictional. It is an essential requirement, without which, the decision
appealed from would
become final and
executory as if no
appeal has been filed.
(St. Louis University
vs. Cobarrubias, G.R.
No. 187104, 2010).

In Criminal:
It does not have to
acquire jurisdiction
over the plaintiff
because it is the
same party (People
of the Philippines)

Question 20

How is jurisdiction over the DEFENDANT is acquired in Civil and Criminal Cases?

Answer 20

CIVIL:
1. By his voluntary
appearance in court
and his submission to
its authority, or (VA)
2. By service of
summons. (SOS)
(Sec. 23, Rule 14;
Macasaet v. Co, G.R.
No. 156759, 2013).

CRIMINAL:
The court acquires
jurisdiction over the
person of the
accused upon:
1.Lawful arrest or
2.Voluntary
surrender. (Rule 113)

Question 21

How is jurisdiction acquired in Special Proceeding Cases?

Answer 21

The court acquires jurisdiction over the case and over the petitioner upon publication. The
requirement of SPECIAL SERVICES in a special
proceeding is NOT generally jurisdictional, as a general rule, they are only in compliance with
the due process clause of the Constitution.

Question 22

What is Jurisdiction over the issue?

Answer 22

Jurisdiction over the issue is the power of the
court to try and decide the issues RAISED in PLEADINGS of the parties.

(Bernabe v. Vergara,
G.R. No. 48652. 1942)
Jurisdiction over the issues may be conferred by
either the express or implied consent of the
parties. (Rule 17, sec. 4, Rules of Court)

Question 23

How is Jurisdiction over the issues is determined in Civil and Criminal Case?

Answer 23

Civil:
Jurisdiction over the
issues is determined
by the ALLEGATIONS in
the pleading. Thus, if
not alleged in the
pleadings, the court
does not acquire
jurisdiction.

Criminal:
Jurisdiction over the
issues is acquired
upon arraignment
(Rule 116)

Question 24

Can the SC look into the facts of the case?

Answer 24

GR: The SC is NOT A TRIER OF FACTS. It will not
entertain questions of fact as the factual findings
of the appellate courts are “FINAL, BINDING, or
CONCLUSIVE (FiBiCon) on the parties and upon the
SC when supported by substantial evidence.
(Ambulo v. Pp, G.R. No. 236290, 2021)

Question 25

When can the SC can look into the facts of a case?

Answer 25

1. When the conclusion is a finding grounded
   entirely on speculation, surmises and
   conjectures; (Spec-Sur-Con)
2. When the inference made is manifestly
   mistaken, absurd or impossible; (MaMi-AbIm)
3. Where there is a grave abuse of discretion;
   (GAD)
4. When the judgment is based on a
   misapprehension of facts; (Mis-F)
5. When the findings of fact are conflicting; (FoF-Con)
6. When the Court of Appeals, in making its
   findings, went beyond the issues of the case and
   the same is contrary to the admissions of both
   appellant and appellee; (BI-Contra-Ad)
7. When the findings are contrary to those of the
   trial court; (Contra-TC)
8. When the findings of fact are conclusions
   without citation of specific evidence on which
   they are based; (w/o Cit)
9. When the facts set forth in the petition as well
   as in the petitioners’ main and reply briefs are
   not disputed by the respondents; (Not Dis)
10. When the findings of fact of the Court of
    Appeals are premised on the supposed absence
    of evidence and contradicted by the evidence on
    record (Abs-Evid) (Aklan v. Enero, G.R. No.
    178309, 2009).

Question 26

What is the limitation on the Rule making power of the SC?

Answer 26

Such rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases, shall be uniform for all
courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.
JU Sp In

Question 27

What is the exclusive original jurisdiction of the SC?

Answer 27

Petitions for certiorari, prohibition, and
mandamus against appellate courts, namely:

CA, COMELEC, COA, SB, CTA

Question 28

When can the SC looks into the facts of the case?

Answer 28

1. When the conclusion is a finding grounded
   entirely on speculation, surmises and
   conjectures;
   (Spec-Sur-Con)
2. When the inference made is manifestly
   mistaken, absurd or impossible; (
   MaMi-AbIm)
3. Where there is a grave abuse of discretion;
   (GAD)
4. When the judgment is based on a a misapprehension of facts; (Mis-F)
5. When the findings of fact are conflicting; (FoFCon)
6. When the Court of Appeals, in making its
   findings, went beyond the issues of the case and
   the same is contrary to the admissions of both
   appellant and appellee; (BI-Contra-Ad)
7. When the findings are contrary to those of the
   trial court; (Contra-TC)
8. When the findings of fact are conclusions
   without citation of specific evidence on which
   they are based; (w/o Cit)
9. When the facts set forth in the petition as well
   as in the petitioners’ main and reply briefs are
   not disputed by the respondents; (Not Dis)
10. When the findings of fact of the Court of
    Appeals are premised on the supposed absence
    of evidence and contradicted by the evidence on
    record (Abs-Evid) (Aklan v. Enero, G.R. No.
    178309, 2009).

Question 29

Differentiate Action in personam, in rem, quasi in rem.

Answer 29

EPRO
ATI
SPIP

Personam - One which seeks to
enforce personal
rights and obligations
brought against the
person;

In Rem -:Action against the thing or res itself, instead of against the person; and

Quasi In Rem - Names a person as
defendant, but its object is to subject that person’s
interest in a property to a
corresponding lien or
obligation.

Question 30

How Jurisdiction is acquired in Action in personam, in rem, quasi in rem.?

Answer 30

In personam - Service of
summons or Voluntary
Appearance

In Rem
1.Seizure of the property
under legal processes
whereby it is brought into
actual custody of the law.

2.As a result of the institution of legal
proceedings, in which the
power of the court is recognized and made effective

Quasi In Rem
- same with In rem

Question 31

What is the binding effect of Action in personam, in rem, quasi in rem?

Answer 31

In personam
-Any judgment therein is
binding only upon the
parties properly
impleaded;

In rem
- The decision is
binding as against the
whole world;

Quasi In rem
- Judgments therein are binding only upon the
parties who joined in the
action.

Question 32

Give examples of Action in personam, in rem, quasi in rem?

Answer 32

In personam
-Action for a sum of
money; action for damages

In rem
- Annulment of marriage, or correction of entries in the birth certificate

Quasi In rem
- Attachment, foreclosure of mortgage, action for
partition and action for
accounting

Question 33

Joinder of Causes of Action on Ejectment Case.

Answer 33

Ejectment case may not be joined with an
action within the jurisdiction of the RTC as the same comes within the exclusive jurisdiction of
the MTC

Question 34

In substitution, is summon necessary

Answer 34

Summons NOT necessary. The substitute
defendant need not be summoned.

Question 35

What are Affirmative Defenses?

A a d i a a o a n m w, w h a t m a i t p o t c, w n p o b r b h o h.

Answer 35

An affirmative defense is an allegation of a new
matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. (Rule 6, Sec. 5)A

Question 36

What is the effect of General Denial (I am denying everything)

Answer 36

A general denial is considered as an
admission.

Question 37

What is a Class suit?

Answer 37

An action where one or some of the parties may
sue for the benefit of all, if the following requisites are complied with:

(1) The subject matter of the controversy is one
of common or general interest to many persons;
(2) The persons are so numerous that it is
impracticable to join them all as parties;
(3) The court finds a number of them sufficiently numerous and representative of the class as to fully protect the interests of all concerned; and
(4) The representative sues or defends for the
benefit of all
(Rule 3, Sec. 12)

Question 38

Affirmative Defense

i a a o a n m w, w h a t m a i t p o t c, w n p o b r b h o h.

Answer 38

is an allegation of a new
matter which, while hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him or her. (Rule 6, Sec. 5)

A defendant shall raise his or her affirmative
defenses in his or her answer.

Question 39

Ground of Affirmative Defense

LV- PAC
SPIDERS-OFF

Answer 39

First Group:
Sec. 12(a), Rule 8

1. Lack of jurisdiction
   over the person of
   the defending party
2. Venue is
   improperly laid
3. That the plaintiff
   has no legal capacity
   to sue
4. The pleading
   asserting the claim
   states no cause of
   action
5. Condition
   precedent for filing
   the claim has not
   been complied with

Second Group:
Section 5(b), Rule 6 (SPIDERS-OFF)

1. Statute of
   limitations;
2. Payment;
3. Illegality;
4. Discharge in
   bankruptcy;
5. Estoppel;
6. Release;
7. Statute of frauds;
8. Any Other matter
   by way of confession
   and avoidance;
9. Former recovery;
   and
10. Fraud.

Question 40

How the Court Resolve Affirmative Defenses?

Answer 40

1st Grp: These affirmative defenses shall be motu
proprio resolved by the court within 30 days
from the filing of the answer

Failure to raise affirmative defenses at the
earliest opportunity shall constitute a waiver
thereof (Rule 8, Section 12[b]).

2nd Grp: The court may conduct a summary hearing (NOT
MANDATORY) within 15 days from the filing of
the answer. Such affirmative defenses shall be resolved by the court within 30 days from the
termination of the summary hearing. (Section
12[d], Rule 8).

Question 41

What is the Remedy from the grant of affirmative defense?

Answer 41

The case shall be dismissed. In such case, the remedy of the plaintiff would depend on
whether the dismissal is with or without
prejudice. (See Dismissal of Actions)

Question 42

Remedy in case of denial of affirmative defense?

Answer 42

The case shall proceed to trial. The defendant is
prohibited from filing a motion for reconsideration of the denial nor may such
denial be challenged by a petition for certiorari,
prohibition, or mandamus.

May be raised on Appeal after Judgment on the merits.
(Section 12[e], Rule
8)

Question 43

Examples of Actions incapable of pecuniary estimation

Answer 43

Cats Actually Exercise Really So Special, Super Rides Announce, ‘Ready, In!

Question 44

What are the cases-falling under the 1991 Revised
Rules on Summary Procedure

Answer 44

F** All Damages that does not exceed 2M, Enforce the 1M Revival of Civil Aspect.

Question 45

Will the dismissal of the complaint carry with it the dismissal of the
counterclaim?

Answer 45

No. The dismissal of the complaint does not
necessarily carry with it the dismissal of the
counterclaim, compulsory or otherwise. The
dismissal of the complaint is without prejudice to
the right of the defendants to prosecute the
counterclaim. (Rule 17, Sec. 2)

Question 46

What are the Pleadings that require verification?

Answer 46

1. Pleadings filed in the inferior courts in cases
   covered by the Rules on Summary Procedure
2. Petition for relief from judgment or order
3. Petition for review from RTC to the CA
4. Petition for review from quasi-judicial
   agencies to the CA
5. Appeal by certiorari from the CTA to the SC
6. Appeal by certiorari from CA to the SC
7. Petition for annulment of judgments or final
   orders and resolutions
8. Complaint for injunction
9. Application for appointment of receiver
10. Application for support pendente lite
11. Petition for certiorari against judgments,
    final orders, or resolutions of constitutional
    commissions
12. Petition for certiorari
13. Petition for prohibition
14. Petition for mandamus
15. Petition for quo warranto
16. Complaint for expropriation
17. Complaint for forcible entry or unlawful
    detainer
18. Petition for indirect contempt
19. Petition for appointment of a general
    guardian
20. Petition for leave to sell or encumber
    property of the ward by a guardian
21. Petition for declaration of competency of a
    ward
22. Petition for habeas corpus
23. Petition for change of name
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24. Petition for voluntary judicial dissolution of a
    corporation
25. Petition for cancellation or correction of
    entries in the civil registry

Question 47

What is the effect of noncompliance or defective verification?

Answer 47

GR: A pleading required to be verified that
contains a verification based on “information
and belief”, or upon “knowledge, information
and belief”, or lacks a proper verification, shall be
treated as an unsigned pleading (Sec. 4, Rule 7).
An unsigned pleading is a “mere scrap of paper.”

XPN: Lack of verification is a mere formal, and
not a jurisdictional, requirement. As such, a
defect in the verification does not render the
pleading fatally defective and the court may
order its subsequent submission or correction if
such serves the ends of justice (Vda. de Formoso
v. PNB, 650 SCRA 35, 2001).

Question 48

What is the test to determine existence of forum shopping?

Answer 48

Whether in the two or more cases pending,
there is identity of:
1. Parties
2. Rights or causes of action, and
3. Relief sought

Question 49

How are procedural rules described in the given context?

Answer 49

Procedural rules are described as tools designed to facilitate the attainment of justice and are emphasized as aids to justice rather than hindrances.

Question 50

What is the caution given about the strict and rigid application of procedural rules?

Answer 50

The caution given is that strict and rigid application, especially on technical matters, can frustrate rather than promote substantial justice, and this should be avoided.

Question 51

Why is it important to avoid technicality in the application of procedural rules?

Answer 51

It is important to avoid technicality as when it becomes a hindrance to justice rather than an aid, it deserves scant consideration from the courts.

Question 52

How are procedural rules characterized in relation to justice?

Answer 52

Procedural rules are characterized as essential tools that provide order and enhance the efficiency of the judicial system in the pursuit of justice.

Question 53

What is the reminder given by the court regarding procedural rules?

Answer 53

The court reminds that procedural rules are not mere technicalities to be ignored at will but were established to improve the efficiency and order in the judicial system.

Question 54

How do procedural rules contribute to the judicial system?

Answer 54

Procedural rules contribute by providing structure, order, and efficiency to the judicial system, thus aiding in the delivery of justice.

Question 55

In what way are technical matters cautioned against in the context of procedural rules?

Answer 55

Technical matters are cautioned against being strictly applied as they can hinder rather than promote substantial justice, and this avoidance is advised.

Question 56

Under what circumstances can the Supreme Court look into the facts of a case despite not being a trier of facts?

Answer 56

The Supreme Court can look into the facts of a case when the conclusion is grounded entirely on speculation, surmises, and conjectures.

Question 57

What are some examples of when the Supreme Court can intervene in factual findings made by appellate courts?

Answer 57

The Supreme Court can intervene when there is a grave abuse of discretion, conflicting findings of fact, or when the conclusions are manifestly mistaken, absurd, or impossible.

Question 58

In what instances would the Supreme Court exercise its exclusive original jurisdiction?

Answer 58

The Supreme Court would exercise its exclusive original jurisdiction in petitions for certiorari, prohibition, and mandamus against appellate courts such as the Court of Appeals, COMELEC, COA, SB, and the Court of Tax Appeals.

Question 59

What are some of the exceptions to the rule that the Supreme Court is not a trier of facts?

Question 60

When can the Supreme Court exercise its concurrent original jurisdiction with the Court of Appeals?

Question 61

How does the Supreme Court decide whether to intervene in factual findings made by lower courts?

Question 62

What role does substantial evidence play in the Supreme Court’s review of factual findings?

Question 63

When would a petition pertaining to a quasi-judicial agency exclusively fall under the jurisdiction of the Court of Appeals?

Answer 63

If the petition pertains to an act or omission of a quasi-judicial agency, it shall exclusively fall under the jurisdiction of the Court of Appeals despite the Supreme Court’s concurrent jurisdiction.

Question 64

How does the Supreme Court ensure the proper application of law in cases involving appellate court decisions?

Answer 64

The Supreme Court ensures the proper application of law by limiting its review to questions of law and relying on the appellate court’s factual findings supported by substantial evidence.

Question 65

Can the Supreme Court entertain questions of fact in cases that fall under its exclusive original jurisdiction?

Question 66

What types of actions fall under the exclusive original jurisdiction of the Court of Appeals?

Question 67

What are the types of petitions over which the Court of Appeals shares concurrent original jurisdiction with the Supreme Court?

Question 68

In what circumstances can a Quo Warranto petition be filed with the Court of Appeals?

Question 69

What is the significance of the Court of Appeals having jurisdiction over Writs of Habeas Corpus, Amparo, and Data?

Question 70

Can the Court of Appeals review decisions of the Office of the Ombudsman in criminal cases?

Question 71

What distinguishes the jurisdiction of the Court of Appeals from the Supreme Court with regards to certiorari, prohibition, and mandamus petitions?

Answer 71

The Court of Appeals has concurrent original jurisdiction with the Supreme Court over petitions for certiorari, prohibition, and mandamus against specific lower courts and bodies.

Question 72

What are the types of violations that exclusively fall under the original jurisdiction of the Sandiganbayan?

Answer 72

The types of violations that exclusively fall under the original jurisdiction of the Sandiganbayan are violations of R.A. 3019 (Anti-Graft and Corrupt Practices Act), violations of R.A. 1379 (An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee), and bribery cases involving government officials of SG 27 and higher.

Question 73

What types of tax collection cases come under the exclusive original jurisdiction of the Court of Tax Appeals?

Answer 73

The types of tax collection cases under the exclusive original jurisdiction of the Court of Tax Appeals are those involving final and executory assessments for taxes, fees, charges, and penalties, provided that the principal amount claimed is equal to or greater than P1,000,000.

Question 74

Can you provide examples of civil actions that are considered incapable of pecuniary estimation and fall under the original jurisdiction of the Regional Trial Court?

Answer 74

Examples of civil actions that are considered incapable of pecuniary estimation and fall under the original jurisdiction of the Regional Trial Court include actions such as cancellation of a Contract to Sell, an action to redeem land subject to a free patent, expropriation suits, and actions for specific performance.

Question 75

What is the criterion to determine if a civil action is incapable of pecuniary estimation in the Regional Trial Court?

Answer 75

The criterion to determine if a civil action is incapable of pecuniary estimation in the Regional Trial Court is whether the primary issue revolves around the right to recover a sum of money. If the money claim is purely incidental to the principal relief sought, the case is considered incapable of pecuniary estimation.

Question 76

Which civil actions involving real property fall under the exclusive original jurisdiction of the Regional Trial Court?

Answer 76

Civil actions involving title to or possession of real property, where the assessed value exceeds Php400,000 exclusive of damages, interest, attorney’s fees, and costs, come under the exclusive original jurisdiction of the Regional Trial Court.

Question 77

What exceptions are there to the exclusive original jurisdiction of the Regional Trial Court in civil actions involving real property?

Answer 77

Forcible entry and unlawful detainer cases fall under the exclusive original jurisdiction of the Municipal Trial Court, even if the assessed value of the property exceeds Php400,000.

Question 78

Can you provide examples of cases where the principal relief sought is not the recovery of a sum of money in the Regional Trial Court?

Answer 78

Examples of cases where the principal relief sought is not the recovery of a sum of money and hence fall under the exclusive original jurisdiction of the Regional Trial Court are actions such as action for support, right to support, annulment of decisions of lower courts, and rescission or reformation of contracts.

Question 79

In what instances does the Regional Trial Court have exclusive original jurisdiction over civil actions incapable of pecuniary estimation?

Answer 79

The Regional Trial Court has exclusive original jurisdiction over civil actions incapable of pecuniary estimation when the basic issue is not solely the right to recover a sum of money, and the money claim is incidental to the principal relief sought in the case.

Question 80

Which jurisdiction handles civil actions involving bribery cases of government officials with the rank of SG 27 and higher?

Answer 80

The Sandiganbayan holds the exclusive original jurisdiction over civil actions involving bribery cases where one or more of the accused are government officials holding the rank of SG 27 and higher.

Question 81

What is the minimum threshold for tax collection cases to be tried under the exclusive original jurisdiction of the Court of Tax Appeals?

Question 82

When can the Supreme Court can look into the facts of a case?

Answer 82

The SC can look into the facts of a case:
1. When the conclusion is a finding grounded
entirely on speculation, surmises and
conjectures; (Spec-Sur-Con)
2. When the inference made is manifestly
mistaken, absurd or impossible; (MaMi-AbIm)
3. Where there is a grave abuse of discretion;
(GAD)
4. When the judgment is based on a
misapprehension of facts; (Mis-F)
5. When the findings of fact are conflicting; (FoFCon)
6. When the Court of Appeals, in making its
findings, went beyond the issues of the case and
the same is contrary to the admissions of both
appellant and appellee; (BI-Contra-Ad)
7. When the findings are contrary to those of the
trial court; (Contra-TC)
8. When the findings of fact are conclusions
without citation of specific evidence on which
they are based; (w/o Cit)
9. When the facts set forth in the petition as well
as in the petitioners’ main and reply briefs are
not disputed by the respondents; (Not Dis)
10. When the findings of fact of the Court of
Appeals are premised on the supposed absence
of evidence and contradicted by the evidence on
record.

Question 83

Which court has jurisdiction over collection cases where the principal amount of taxes and fees exclusive of charges and penalties, is less than P1,000,000?

Answer 83

It shall be tried by the proper Municipal Trial Court Metropolitan Trial Court, and Regional Trial Court.

Question 84

What is meant by Exclusive Original Jurisdiction of the RTC in cases where the subject of the litigation is incapable of pecuniary estimation?

Answer 84

Exclusive Original Jurisdiction of the RTC refers to cases where the RTC has the sole authority to hear and decide on civil actions where the subject matter cannot be quantified in monetary terms.

Question 85

How can one determine if the subject matter of a civil action is incapable of pecuniary estimation?

Question 86

Can you explain why an Action for support would be classified as having a subject matter incapable of pecuniary estimation?

Question 87

How does an Action for reformation of contract demonstrate an incapability of pecuniary estimation?

Question 88

How does the right to support differ from claims seeking pecuniary compensation?

Question 89

Why would an Expropriation Suit be considered within the Exclusive Original Jurisdiction of the RTC due to the incapacity of pecuniary estimation?

Question 90

What distinguishes actions like Interpretation of contractual obligations from those purely seeking financial compensation?

Question 91

What types of civil actions fall under the jurisdiction of the Regional Trial Court (RTC) when the assessed value exceeds P400,000?

Question 92

In what specific cases does the RTC have jurisdiction if the amount involved exceeds P2,000,000?

Question 93

How is the jurisdictional amount calculated when applying the Totality Rule in cases of damages exceeding P2,000,000?

Question 94

What types of cases fall under the jurisdiction of the RTC as a court of general jurisdiction when there is no specific law assigning jurisdiction to another court?

Question 95

What other cases has RTC has jurisdiction?

Answer 95

1. All cases, the jurisdiction over which is not
   specifically provided for by law to be within the
   jurisdiction of any other court, fall under the
   jurisdiction of the Regional Trial Court (RTC, as a
   court of general jurisdiction). (Durisol
   Philippines, Inc. vs. Court of Appeal
2. . All actions involving the contract of marriage
   and family relations and all civil actions and
   special proceedings falling within exclusive
   original jurisdiction of Juvenile and Domestic
   Relations Court [
3. All civil actions and special proceedings falling
   within exclusive original jurisdiction of the Court
   of Agrarian Reform
4. Intra-corporate controversies

Question 96

What law modifies the jurisdiction of the RTC in cases involving family courts?

Answer 96

Sec. 5, R.A. 8369m is tried by the Family Courts. But in areas there are no Family Courts, the cases within their jurisdiction
shall be adjudicated by the RTC.

Question 97

What types of civil actions fall under the exclusive original jurisdiction of the MTC when the assessed value of property does not exceed P400,000?

Question 98

In what cases does the MTC have exclusive original jurisdiction if the amount involved does not exceed P2,000,000?

Question 99

What types of cases fall under the exclusive original jurisdiction of the MTC?

Question 100

What is the primordial aim of the Katarungang Pambarangay Law?

Question 101

When is a prior recourse to the Barangay not necessary before filing a complaint in court?

Answer 101

A prior recourse to the Barangay is not necessary before filing a complaint in court in disputes involving -the government,
-public officers,
-real properties in different cities,
-corporations or partnerships,
-urgent legal actions, or
certain offenses,
-disputes under the Comprehensive Agrarian Reform Law, and
-labor disputes.
———-

Question 102

What happens if a case is not referred for barangay conciliation when required by law?

Question 103

What specific rule limits attorney’s fees in forcible entry and unlawful detainer cases heard by the MTC?

Question 104

Can disputes involving individuals residing in barangays of different cities be subject to barangay conciliation?

Question 105

What actions are excluded from the requirement of prior recourse to barangay conciliation?

Question 106

What types of cases fall under the 2016 Revised Rules of Procedure for Small Claims Cases in the First Level Courts?

Answer 106

Cases where the claim does not exceed PHP 1,000,000.00, exclusive of interest and costs.

Question 107

Define a “small claim” in the context of the First Level Courts.

Answer 107

A “small claim” is a purely civil action solely for the payment or reimbursement of a sum of money, excluding other claims or reliefs and those coupled with provisional remedies.

Question 108

What are the permissible claims or demands in a small claim?

Answer 108

(a) Money owed under contracts such as lease, loan, services, or sale of personal property (excluding recovery of the property). (b) Enforcement of barangay amicable settlement agreements and arbitration awards, not exceeding PHP 1,000,000.00, provided no execution within six months.

Question 109

Which cases fall under the 1991 Revised Rules on Summary Procedure in the First Level Courts?

Answer 109

(a) FEUD cases, regardless of amount with attorney’s fees not exceeding PHP 100,000.00. (b) All civil actions (excluding probate, admiralty, and small claims over PHP 2,000,000.00). (c) Complaints for damages under PHP 2,000,000.00. (d) Enforcement of barangay amicable settlements exceeding PHP 1,000,000.00 if no execution within six months. (e) Revival of judgments and (f) Civil aspect of BP 22 violations if no criminal action is instituted.

Question 110

How is the civil aspect handled in BP 22 violations under the Rule on Summary Procedure?

Answer 110

If no criminal action is instituted, the civil aspect shall be consolidated with the criminal action and tried jointly under the Rule on Summary Procedure.

Question 111

What types of criminal cases are governed by the Rule on Summary Procedure in the First Level Courts?

Answer 111

(1) Violations of traffic laws, rules, and regulations. (2) Violations of the rental law. (3) Violations of municipal or city ordinances. (4) Violations of Batas Pambansa Blg. 22. (5) All other criminal cases with penalties not exceeding one year imprisonment, or a fine not exceeding PHP 50,000.00, or both.

Question 112

What determines the applicability of the Rule on Summary Procedure for criminal cases with both imprisonment and fine penalties?

Answer 112

The prescribed imprisonment is the basis for determining the applicable procedure.

Question 113

In offenses involving damage to property through criminal negligence, when does the Rule on Summary Procedure apply?

Answer 113

The Rule applies when the imposable fine does not exceed One Hundred Fifty Thousand Pesos (PHP150,000.00).

Question 114

What is the general rule for cases not explicitly mentioned in the Rules on Expedited Procedures in the First Level Courts?

Answer 114

All other cases not included in the specified rules shall be governed by the regular rules of procedure.

Question 115

What is the maximum amount for attorney’s fees in FEUD cases falling under the 1991 Revised Rules on Summary Procedure?
.

Answer 115

Attorney’s fees, if awarded in FEUD cases, shall not exceed PHP 100,000.00

Question 116

Under what circumstances is the civil aspect of violations of BP 22 consolidated with the criminal action?

Answer 116

The civil aspect is consolidated with the criminal action if a criminal action is later instituted for the same BP 22 violation.

Question 117

How is the Rule on Summary Procedure applied in cases of violations of municipal or city ordinances?

Answer 117

The Rule on Summary Procedure is applied in violations of municipal or city ordinances, regardless of the amount involved.

Question 118

In what situations does the Rule on Summary Procedure apply to cases involving damage to property through criminal negligence?

Answer 118

The Rule applies when the imposable fine under Article 365 of the Revised Penal Code does not exceed One Hundred Fifty Thousand Pesos (PHP150,000.00).

Question 119

What is the time frame for the enforcement of barangay amicable settlement agreements and arbitration awards under the Rules on Expedited Procedures?

Answer 119

The enforcement must occur within six (6) months from the settlement date, receipt of the award, or from the date the obligation becomes due and demandable.

Question 120

Are probate proceedings, admiralty, and maritime actions covered under the 1991 Revised Rules on Summary Procedure in the First Level Courts?

Answer 120

No, probate proceedings, admiralty, and maritime actions are excluded under the 1991 Revised Rules on Summary Procedure.

Question 121

What is the general rule regarding the court’s jurisdiction once it acquires it over a controversy?

Answer 121

Once a court acquires jurisdiction over a controversy, it shall continue to exercise such jurisdiction until the final determination of the case. Jurisdiction, once attached, cannot be ousted by subsequent happenings or events.

Question 122

Provide an exception to the general rule of adherence to jurisdiction.

Answer 122

An exception is when a subsequent statute expressly prohibits the continued exercise of jurisdiction.

Question 123

What is residual jurisdiction in the context of a trial court?

Answer 123

Residual jurisdiction refers to the authority of the trial court to issue orders for the protection and preservation of the parties’ rights, not involving any matter litigated by the appeal, provided these actions are taken before the transmittal of the original record or record on appeal.

Question 124

When does the failure to pay appellate court docket fees warrant dismissal of the appeal?

Answer 124

The failure to pay appellate court docket fees within the reglementary period warrants only discretionary dismissal of the appeal, not automatic dismissal. The court shall exercise its power to dismiss in accordance with justice and fair play.

Question 125

Differentiate between jurisdiction and exercise of jurisdiction.

Answer 125

Jurisdiction is the court’s power to hear, try, and decide a case, including the authority to execute its decisions. Exercise of jurisdiction is the actual use of this power. Jurisdiction attaches to the court, not the judge hearing it.

Question 126

What is the Doctrine of Primary Jurisdiction, and when does it apply?

Answer 126

The Doctrine of Primary Jurisdiction holds that if a case requires expertise and specialized knowledge of administrative bodies, relief must first be obtained in an administrative proceeding before seeking court remedy, unless certain exceptions apply.

Question 127

In venue for criminal action, where must a criminal action be commenced?

Answer 127

A criminal action must be commenced in the place where the crime was committed or in any place where one of its essential elements occurred.

Question 128

What determines the venue for the trial of a civil action?

Answer 128

The nature of the action (real or personal) determines the venue for the trial of a civil case.

Question 129

How is venue determined in real actions, and where are they tried?

Answer 129

Real actions are tried in the local court where the real property involved, or a portion thereof, is situated.

Question 130

Provide an example of a real action.

Answer 130

A real action involves the title to or possession of real property, such as land.

Question 131

Where are personal actions tried, and who has the option to choose the venue?

Answer 131

Personal actions are tried in the local court where any of the complainant or defendant resides, at the option of the complainant.

Question 132

Enumerate one circumstance where judicial intervention is urgent and the Doctrine of Primary Jurisdiction might not apply.

Answer 132

Judicial intervention is urgent when there is unreasonable delay or official inaction that will irretrievably prejudice the complainant.

Question 133

When does the Rule on Summary Procedure apply to criminal cases in the First Level Courts?

Answer 133

The Rule on Summary Procedure applies when the penalty prescribed by law for the offense charged is imprisonment not exceeding one year, or a fine not exceeding Fifty Thousand Pesos (PHP50,000.00), or both, regardless of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom.

Question 134

In what instances is the Doctrine of Adherence to Jurisdiction not applicable?

Answer 134

(1) Where a subsequent statute expressly prohibits the continued exercise of jurisdiction;
(2) Where the law penalizing an act is repealed by a subsequent law;
(3) When the accused is deprived of constitutional rights;
(4) When the statute expressly provides for actions pending before its enactment;
(5) When proceedings are terminated, abandoned, or declared void;
(6) Once an appeal has been perfected;
(7) In the presence of curative statutes.

Question 135

What distinguishes a special proceeding from a civil action?

Answer 135

A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact, whereas a civil action is for the enforcement or protection of a right or the prevention or redress of a wrong.

Question 136

Differentiate between in personam and in rem actions.

Answer 136

In personam actions bind only the parties properly impleaded, while in rem actions bind the whole world. In quasi-in rem actions, judgments are binding only upon the parties who joined in the action.

Question 137

What is a cause of action, and why is it essential in a civil case?

Answer 137

A cause of action is an act or omission violating a right of another. It is essential in a civil case as every ordinary civil action must be based on a cause of action for one to seek judicial relief for a violation of rights.

Question 138

Name the elements of a cause of action.

Answer 138

The elements are
(a) plaintiff’s legal right,
(b) defendant’s correlative obligation to respect plaintiff’s right,
(c) defendant’s act/omission violating plaintiff’s right, and
(d) prejudice caused to the plaintiff.

Question 139

Why must a cause of action exist at the time of filing the complaint?

Answer 139

A cause of action must exist at the time of filing the complaint; otherwise, the case is dismissible for being a groundless suit. Premature complaints cannot be cured by amended or supplemental pleadings.

Question 140

What is splitting of a single cause of action, and is it allowed?

Answer 140

Splitting of a single cause of action, the act of instituting two or more suits on the same cause of action, is prohibited by the Rules. A party may not institute more than one suit for a single cause of action.

Question 141

Provide the tests to determine if two suits relate to a single cause of action.

Answer 141

Tests include
(a) Same Evidence Test,
(b) Whether defenses in one case can be used in the other, and
(c) Whether the cause of action in the second case existed at the time of filing the first complaint.

Question 142

How is the identity of causes of action determined in the context of splitting?

Answer 142

The test is whether the same evidence will sustain both actions or if there is an identity in the facts essential to both actions. If the same facts or evidence would sustain both, they are considered the same, and a judgment in the first case bars the subsequent action.

Question 143

What is the consequence of filing a complaint with a cause of action that has not yet accrued?

Answer 143

A complaint with a cause of action that has not yet accrued is dismissible for being a groundless suit. This cannot be cured by amended or supplemental pleadings.

Question 144

In quasi-in rem actions, who are the judgments binding upon?

Answer 144

In quasi-in rem actions, judgments are binding only upon the parties who joined in the action.

Question 145

What is the nature of the judgments in in rem actions?
.

Answer 145

In rem actions, the judgments are binding as against the whole world

Question 146

Provide an example of a special proceeding.

Answer 146

An example of a special proceeding is when a party seeks to establish guardianship over a minor.

Question 147

How is the identity of causes of action determined in the context of splitting?

Answer 147

The test is whether the same evidence will sustain both actions or if there is an identity in the facts essential to both actions. If the same facts or evidence would sustain both, they are considered the same, and a judgment in the first case bars the subsequent action.

Question 148

What is the effect of splitting a cause of action?

Answer 148

The filing of one or a judgment upon the merits in any one is a ground for the dismissal of the others (Rule 2, Section 4).

Question 149

If a complaint lacks certain reliefs, what is the proper remedy for the plaintiff?

Remedy of the plaintiff if other reliefs are not
included in the complaint

Answer 149

The plaintiff should move to amend the complaint to include the omitted relief or reliefs.

Question 150

How can a defendant respond to a complaint with split causes of action?

Answer 150

The defendant may allege the infirmity as an Affirmative Defense in the Answer or file a Motion to Dismiss on grounds of Litis Pendentia or Res Judicata (Rule 6, Section 5(b), Rule 15).

Question 151

What does joinder of causes of action entail?

Answer 151

Joinder of causes of action involves asserting as many causes of action as a party may have against another in one pleading alone (Rule 2, Section 5).

Question 152

Question: Is joinder of causes of action mandatory?

Answer 152

No, joinder of causes of action is permissive, and there is no explicit legal provision compelling a party to join all causes of action at one time (Nabus v. CA, G.R. No. 91670, 1991).

Question 153

Question: What are the rules for the joinder of causes of action?

Answer 153

Answer: The party must comply with the rules on joinder of parties, ensuring that the right of relief arises from the same transaction or series of transactions, there is a common question of law or fact, and the joinder is not proscribed by rules on jurisdiction and venue (Rule 3, Section 6).

Question 154

Question: Are special civil actions allowed to be joined in a joinder of causes of action?

Answer 154

No, special civil actions or actions governed by special rules are excluded from joinder (Rule 2, Section 5).

Question 155

Question: Can causes of action between the same parties but with different venues or jurisdictions be joined?

Answer 155

Yes, if one cause of action falls within the jurisdiction of the RTC and the venue lies therein (Rule 2, Section 5).

Question 156

Question: Why may an ejectment case not be joined with an action within the jurisdiction of the RTC?

Answer 156

Ejectment cases may not be joined because they fall within the exclusive jurisdiction of the MTC.

Question 157

Question: What is the remedy for a plaintiff if certain reliefs are omitted in the complaint?

Answer 157

The proper remedy for the plaintiff is to move to amend the complaint to include the omitted relief or reliefs.

Question 158

Question: In what instances can the defendant file a Motion to Dismiss based on the splitting of causes of action?

Answer 158

The defendant can file a Motion to Dismiss based on (a) Litis Pendentia (another action pending between the same parties for the same cause) or (b) Res Judicata (cause of action barred by a prior judgment).

Question 159

Question: What are the criteria for allowing joinder of causes of action?

Answer 159

The criteria include that the right of relief arises from the same transaction or series of transactions, there is a common question of law or fact, and the joinder is not proscribed by rules on jurisdiction and venue (Rule 3, Section 6).

Question 160

What is the Totality Rule, and to which court does it apply?

Answer 160

The Totality Rule applies in cases where the claims are principally for the recovery of money, and the aggregate amount claimed determines jurisdiction. It applies only to the MTC (Rule 2, Section 5).

Question 161

Is there a Totality Rule for the RTC? If not, are there exceptions?

Answer 161

No, there is no Totality Rule for the RTC, and its jurisdictional amount is without limit. However, there is an exception in tax cases where the limit is below P1 million, and amounts of P1 million or more fall within the jurisdiction of the CTA.

Question 162

What are the rules for misjoinder of causes of action?

Answer 162

(1) Misjoinder occurs when conditions for joinder under Rule 2, Section 5 are not met.
(2) An erroneously joined cause of action may be severed and proceeded with separately on motion of a party or on the initiative of the court.
(3) Misjoinder is not a ground for dismissal of an action (Rule 2, Section 6). (4) Misjoinder is subject to waiver unless there is an objection or the court directs severance.
(5) If the court lacks jurisdiction over the misjoined action, it must be severed; otherwise, adjudication would be a nullity.

Question 163

What is the consequence of misjoinder in terms of dismissal?

Answer 163

Misjoinder is not a ground for dismissal of an action (Rule 2, Section 6).

Question 164

How is misjoinder subject to waiver?

Answer 164

If there is no objection to the improper joinder, or the court does not direct a severance, there is no bar to the simultaneous adjudication of all erroneously joined causes of action, provided the court has jurisdiction over all of them (Ada v. Baylon, G.R. No. 182435, 2012).

Question 165

In what situations can an erroneously joined cause of action be severed?

Answer 165

An erroneously joined cause of action can be severed and proceeded with separately on motion of a party or on the initiative of the court (Rule 2, Section 6).

Question 166

Can the court dismiss an action solely on the ground of misjoinder?

Answer 166

No, misjoinder is not a ground for dismissal of an action (Rule 2, Section 6).

Question 167

Is there a waiver for misjoinder, and when does it apply?

Answer 167

Misjoinder is subject to waiver. If there is no objection to the improper joinder, or the court does not motu proprio direct a severance, there is no bar to the simultaneous adjudication of all erroneously joined causes of action, provided the court has jurisdiction over all of them (Ada v. Baylon, G.R. No. 182435, 2012).

Question 168

What is the consequence if a suit is not brought in the name of or against the real party-in-interest?

Answer 168

The defendant must set out in his answer, as an Affirmative Defense, the ground that the complaint “states no cause of action” (Rule 8, Section 12).

Question 169

What is the rationale behind filing actions under the name of the real party-in-interest?

Answer 169

The rationale includes preventing the prosecution of actions by persons without any right, title, or interest, ensuring that the actual party entitled to legal relief prosecutes the action, avoiding multiplicity of suits, and discouraging litigation within certain bounds for sound public policy (Oco v. Limbaring, G.R. No. 161298, January 31, 2006).

Question 170

In general, who shall sue and be sued jointly, according to the rules?

Answer 170

In general, spouses shall sue and be sued jointly, with exceptions as provided by law (Rule 3, Section 4).

Question 171

What is the definition of an indispensable party, and why is their legal presence absolute in a proceeding?

Answer 171

An indispensable party is one without whom no final determination can be had of an action. Their legal presence is absolute because their interest in the subject matter and relief sought is so intertwined with other parties that it is a necessity (Benedicto-Munoz v. Cacho-Olivares, G.R. No. 179121, 2015).

Question 172

When is a party not indispensable (dispensable) in a proceeding?

Answer 172

A party is not indispensable if their interest is distinct and divisible from the other parties, and their rights will not necessarily be prejudiced by a judgment that does not complete justice to all parties in court (Benedicto-Munoz v. Cacho-Olivares, G.R. No. 179121, 2015).

Question 173

Can you provide examples of indispensable parties?

Answer 173

Examples include vendors in an action to annul the sale, lot buyers in an action for reconveyance of subdivided parcels of land, co-owners in an action for partition, and possessors of land in an action for recovery of possession.

Question 174

What is the significance of designating the real party-in-interest in a legal action?

Answer 174

Designating the real party-in-interest ensures that only those with a legitimate interest, title, or right in the case prosecute the action, preventing actions by unauthorized persons (Rule 8, Section 12).

Question 175

why is the presence of indispensable parties crucial in a legal proceeding?

Answer 175

Their presence is crucial because their interest is inseparable from other parties, making their legal participation an absolute necessity (Benedicto-Munoz v. Cacho-Olivares, G.R. No. 179121, 2015).

Question 176

What is the potential consequence if an indispensable party is not included in an action?

Answer 176

Failure to include an indispensable party may result in an incomplete and ineffective judgment since their presence is necessary for a final determination of the action.

Question 177

Provide examples of situations where parties are considered indispensable.

Answer 177

Examples include vendors in an action to annul a sale, lot buyers in an action for reconveyance of subdivided land, co-owners in an action for partition, and possessors of land in an action for recovery of possession.

Question 178

Who may assist a minor or a person alleged to be incompetent in suing or being sued, according to Rule 3, Section 5 of the Rules of Court?

Answer 178

A minor or a person alleged to be incompetent may sue or be sued with the assistance of their father, mother, guardian, or, if none, a guardian ad litem.

Question 179

What distinguishes a necessary party from an indispensable party?

Answer 179

A necessary party is one whose presence is not mandatory but should be joined for complete relief or a complete determination of the claim. An indispensable party must be joined under any and all conditions, as no final determination can be made without their presence (Rule 3, Section 8).

Question 180

State the exceptions to the general rule that joinder of parties is permissive.

Answer 180

Joinder becomes compulsory when the involved party is indispensable. Exceptions to this rule are class suits, where it is impractical to include all class members, and when the inclusion of an indispensable party is merely a formality.

Question 181

What is the effect of the absence of an indispensable party on the court’s actions and judgments?

Answer 181

The absence of an indispensable party renders all subsequent actions of the court null and void, not only for the absent party but even for those present (Divinagracia vs. Parilla et al., G.R. No. 196750, March 11, 2015).

Question 182

What is the remedy if an indispensable party is not impleaded in a case?

Answer 182

The remedy is to implead the non-party claimed to be indispensable. Parties may be dropped or added by court order at any stage of the action and on just terms (Rule 3, Section 11).

Question 183

What action may the court take if the plaintiff refuses to implead an indispensable party despite an order to do so?

Answer 183

The court may dismiss the complaint for the plaintiff’s failure to comply with the order. Dismissal occurs only upon unjustified failure or refusal to obey the order (Land Bank vs. Cacayuran, G.R. No. 191667, April 22, 2015).

Question 184

What is the effect of non-joinder of necessary parties on court proceedings?

Answer 184

Non-joinder of a necessary party does not prevent the court from proceeding in the action. The judgment rendered therein shall not prejudice the rights of such necessary party (Rule 3, Section 9, par. 3).

Question 185

What is the consequence of failing to comply with the court’s order to include a necessary party?

Answer 185

Failure to comply with the order without justifiable cause shall be deemed a waiver of the claim against such party (Rule 3, Section 9, pars. 1-2).

Question 186

How does permissive joinder of parties work, and what powers does the court have in such cases?

Answer 186

All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist may join as plaintiffs or be joined as defendants. The court may make orders to prevent any party from being embarrassed or put to expense in proceedings in which he may have no interest (Rule 3, Section 6).

Question 187

What are the requisites for a Class Suit?

Answer 187

A Class Suit requires the subject matter of the controversy to be of common or general interest to many persons, the impracticability of joining all parties due to their numerosity, a sufficient number of representatives to fully protect the interests of all concerned, and the representative suing or defending for the benefit of all (Rule 3, Section 12).

Question 188

What is the effect of a transfer of interest (transfer pendente lite) in a legal action?

Answer 188

Generally, the action may be continued by or against the original party. However, an exception exists when the court, upon motion, directs the person to whom the interest is transferred to be substituted in the action or joined with the original party (Rule 3, Section 19).

Question 189

Is a summons necessary for the substitute defendant in a case of substitution?

Answer 189

No, a summons is not necessary for the substitute defendant. Instead, the order of substitution should be served upon the parties substituted for the court to acquire jurisdiction over the substitute party (Ferreria v. Vda de Gonzales, G.R. No. L11567, 1986).

Question 190

What is the consequence of the court’s failure to order substitution in a case of transfer of interest?

Answer 190

Failure to order substitution results in the failure to acquire jurisdiction over the representative or heirs of the deceased party. Consequently, any judgment rendered against such deceased party shall be null and void for lack of jurisdiction over the persons of the legal representative or heirs upon whom the trial and judgment would be binding (The Heirs of Vda. De Haberer v. Court of Appeals, et al., G.R. Nos. L-42699 to L-2709, 1981).

Question 191

What is the difference between Pleading and Motion?

Answer 191

The purpose of Pleading is to submit a claim or defense for appropriate judgment, while the purpose of Motion is to apply for relief other than by a pleading or an order not included in the judgment. Pleadings must be written, while Motions may be oral when made in open court or during a hearing. Pleadings may be initiatory, whereas Motions may not be initiatory as they are always made in a case already filed in court. Pleadings are always filed before judgment, whereas Motions may be filed even after judgment.

Question 192

What are the requisites for a Compulsory Counterclaim?
Answer:
It arises out of, or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim.
It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
It must be within the jurisdiction of the court both as to the amount and the nature, except that in an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount (Sec. 7, Rule 6).

Answer 192

It arises out of, or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim.
It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
It must be within the jurisdiction of the court both as to the amount and the nature, except that in an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount (Sec. 7, Rule 6).

Question 193

What is the consequence if a plaintiff fails or chooses not to answer a compulsory counterclaim?

Answer 193

A plaintiff who fails or chooses not to answer a compulsory counterclaim may NOT be declared in default. The issues raised in the counterclaim are deemed automatically joined by the allegations in the complaint (Gojo v. Goyala, G.R. No. L-26768, 1970).

Question 194

How can you determine whether a counterclaim is compulsory or permissive?

Answer 194

To determine whether a counterclaim is compulsory or permissive, one should consider four tests:
1. Are the issues of fact and law raised by the claim and counterclaim largely the same?
2. Would res judicata bar a subsequent suit on defendant’s claims, absent the compulsory counterclaim rule?
3. Will substantially the same evidence support or refute the plaintiff’s claim as well as the counterclaim?
4. Is there any logical relation between the claim and counterclaim? (GSIS v. Heirs of Caballero, G.R. No. 158090, 2010)

Question 195

What is a negative pregnant in a denial?

Answer 195

A negative pregnant does not qualify as a specific denial; it is conceded to be actually an admission. It refers to a denial that implies its affirmative opposite by seeming to deny only a qualification or an incidental aspect of the allegation but not the main allegation itself.

Question 196

What is an affirmative defense, and how does it differ from a denial?

Answer 196

An affirmative defense is an allegation of a new matter that, while hypothetically admitting the material allegations in the pleading of the claimant, would prevent or bar recovery. It differs from a denial, which is the specific denial of material facts alleged in the pleading of the claimant essential to their cause of action.

Question 197

What are the two groups of affirmative defenses, and how are they categorized?

Answer 197

There are two groups of affirmative defenses:
First Group (Sec. 12(A), Rule 8): Includes lack of jurisdiction over the person of the defending party, improper venue, plaintiff’s lack of legal capacity to sue, the pleading asserting the claim states no cause of action, and non-compliance with a condition precedent.
Second Group (Section 5(b), Rule 6): Encompasses statute of limitations, payment, illegality, discharge in bankruptcy, estoppel, release, statute of frauds, any other matter by way of confession and avoidance, former recovery, and fraud.

Question 198

How should the court handle affirmative defenses from the first group?

Answer 198

The court shall motu proprio resolve affirmative defenses from the first group within 30 days from the filing of the answer. Failure to raise these defenses at the earliest opportunity constitutes a waiver (Rule 8, Section 12[b]).

Question 199

What is the procedure for handling affirmative defenses from the second group, and is a summary hearing mandatory?

Answer 199

The court may conduct a summary hearing (NOT MANDATORY) within 15 days from the filing of the answer for affirmative defenses from the second group. These defenses shall be resolved within 30 days from the termination of the summary hearing (Section 12[d], Rule 8).

Question 200

What remedy does the plaintiff have if the court grants an affirmative defense?

Answer 200

Answer: The case shall be dismissed. The remedy of the plaintiff would depend on whether the dismissal is with or without prejudice (See Dismissal of Actions).

Question 201

What happens if the court denies an affirmative defense?

Answer 201

The case shall proceed to trial. The defendant is prohibited from filing a motion for reconsideration of the denial, nor may such denial be challenged by a petition for certiorari, prohibition, or mandamus. The denial may be raised on appeal after Judgment on the merits (Section 12[e], Rule 8).

Question 202

What are the requisites for a counterclaim to be considered compulsory?

Answer 202

It arises out of, or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim.
It does not require the presence of third parties of whom the court cannot acquire jurisdiction.
It must be within the court’s jurisdiction as to amount and nature. In original actions before the RTC, the counterclaim may be compulsory regardless of the amount

Question 203

Why may a plaintiff who fails or chooses not to answer a compulsory counterclaim not be declared in default?

Answer 203

Answer: Issues raised in the counterclaim are deemed automatically joined by the allegations in the complaint, as established in the case of Gojo v. Goyala (G.R. No. L-26768, 1970).

Question 204

How does the filing of a motion to dismiss relate to setting up a compulsory counterclaim?

Answer 204

The filing of a motion to dismiss and setting up a compulsory counterclaim are incompatible remedies. Opting for a motion to dismiss will result in losing the counterclaim, but setting up a counterclaim allows the defendant to plead grounds for dismissal as an affirmative defense in the answer.

Question 205

What is the effect of the amount in a compulsory counterclaim in an original action before the RTC?

Answer 205

In an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount (Sec. 7, Rule 6).

Question 206

How does the dismissal of the complaint affect the counterclaim?

Answer 206

The dismissal of the complaint does not necessarily dismiss the counterclaim. The dismissal is without prejudice to the right of the defendant to prosecute the counterclaim.

Question 207

Under what circumstances can a defendant prosecute a counterclaim in a separate action after the dismissal of the complaint?

Answer 207

If the plaintiff files a motion to dismiss the complaint, and the court grants it, the dismissal is without prejudice to the right of the defendant to prosecute the counterclaim in a separate action, unless within fifteen days from notice, the defendant manifests a preference to have the counterclaim resolved in the same action (Rule 17, Sec. 2).

Question 208

What happens if the complaint is dismissed through the fault of the plaintiff when a counterclaim has already been set up?

Answer 208

The dismissal is without prejudice to the right of the defendant to prosecute the counterclaim in the same or separate action (Rule 17, Sec. 3).

Question 209

When is a reply the proper responsive pleading, and what is its function?

Answer 209

A reply is not the proper responsive pleading to a counterclaim. Its function is to deny or allege facts in denial or avoidance of new matters in actionable documents attached to an answer.

Question 210

When is an amended or supplemental complaint proper?

Answer 210

An amended complaint, with the court’s leave, is proper if a new claim arises from the actionable document attached to the answer. A supplemental complaint is allowed only for transactions, occurrences, or events happening since the complaint date.

Question 211

What is an actionable document, and when can a plaintiff file a reply?

Answer 211

An actionable document is the basis of one’s cause of action or defense. A plaintiff may file a reply if the defending party attaches an actionable document to the answer.

Question 212

What is the general rule regarding the need for a reply, and when is an exception applied?

Answer 212

The general rule is that there is no need to file a reply, as all new matters in the answer are deemed controverted. An exception is when an actionable document is attached to the answer, requiring the plaintiff to file a reply to avoid admission of its genuineness and due execution.

Question 213

What are the requirements for signing a pleading or document submitted to the court according to Sec. 3, Rule 7?

Answer 213

The signature of counsel constitutes a certificate that the pleading or document is not for improper purposes, has warranted legal contentions, evidentiary basis for factual contentions, and denials are based on evidence or belief.

Question 214

Can a law firm be held liable for a violation committed by its partner, associate, or employee regarding the signing of pleadings or documents?

Answer 214

Yes, the law firm shall be jointly and severally liable for the violation committed by its partner, associate, or employee.

Question 215

What can the court do if there is a violation of the rule on signing pleadings or documents according to the given context?

Answer 215

The court may impose an appropriate sanction against the attorney, law firm, or party violating the rule, or refer the matter for disciplinary action, after notice and hearing.

Question 216

What is the consequence of filing an unsigned pleading?

Answer 216

An unsigned pleading may no longer be remedied, and it remains without legal effect, treated as “a mere scrap of paper.

Question 217

How does the signature of counsel serve as a certification for a pleading or document under Sec. 3, Rule 7?

Answer 217

The signature of counsel certifies that the pleading is not for improper purposes, has warranted legal contentions, evidentiary basis for factual contentions, and denials based on evidence or belief.

Question 218

Are there any exceptions where a violation of the signing rule may not result in sanctions?

Answer 218

Yes, exceptional circumstances may exempt a party from sanctions for violating the rule on signing pleadings or documents.

Question 219

What actions can the court take against an attorney, law firm, or party violating the rule on signing pleadings or documents?

Answer 219

The court may impose sanctions or refer the matter for disciplinary action, after giving notice and conducting a hearing.

Question 220

How does the court treat an unsigned pleading in terms of legal effect according to the rules mentioned in the context?

Answer 220

An unsigned pleading is considered to have no legal effect and is treated as “a mere scrap of paper” under the Rules of Court.

Question 221

What should the Plaintiff include in the Certificate on Non-Forum Shoppinf?

Answer 221

1. That he or she has not commenced any action
   or filed any claim involving the same issues in any
   court, tribunal or quasijudicial agency and, to the
   best of his knowledge, no such other action is
   pending.
2. If there is such other pending action or claim,
   a complete statement of the present status
   thereof, and;
3. If he or she should learn that the same or a
   similar action or claim has been filed or is
   pending, he shall report that fact within 5
   calendar days to the court wherein his aforesaid
   complaint or initiatory pleading has been filed
   (Sec. 5, Rule 7).

Question 222

What is forum shopping in the legal context?

Answer 222

Forum shopping is the repeated availment of several judicial remedies in different courts, all substantially founded on the same transactions and essential facts, and raising substantially the same issues, either pending in or already resolved adversely by some other court.

Question 223

What are the three elements to determine the existence of forum shopping?

Answer 223

The three elements are:
1. Identity of parties
2. Identity of rights or causes of action
3. Identity of the relief sought

Question 224

What is a Certificate of Non-Forum Shopping (CNFS)?

Answer 224

The CNFS is a certification under oath in the complaint or initiatory pleading asserting a claim for relief, stating that the party has not commenced any similar action in any other court and providing information on any pending similar actions.

Question 225

Who should sign the certification of non-forum shopping (CNFS)?

Answer 225

The general rule is that the plaintiff or principal party should sign the CNFS. However, an authorized person, usually the counsel, may sign on behalf of the party if the party is unable to sign due to justifiable reasons.

Question 226

In the case of a juridical entity, who can execute the certification of non-forum shopping?

Answer 226

The certification may be executed by a duly authorized person through due authorization, usually by a board resolution. For a corporation, the signatory should be a duly authorized director or officer with knowledge of the matter being certified.

Question 227

What happens if all petitioners fail to sign the certification of non-forum shopping?

Answer 227

The petition may not be outright dismissed if the petitioners had ample knowledge of the content and acted in good faith.

Question 228

What happens when there are several plaintiffs or petitioners in a case regarding the certification against forum shopping?

Answer 228

Generally, all plaintiffs or petitioners must sign the certification. However, under justifiable circumstances where they share a common interest, the signature of one may suffice.

Question 229

When can a certification against forum shopping be signed by a lawyer?

Answer 229

The certification can be signed by a specifically authorized lawyer who has personal knowledge of the facts required to be disclosed in the document.

Question 230

What are the consequences of not having a certification signed by a duly authorized person in a juridical entity?

Answer 230

Not having a certification signed by a duly authorized person may render the petition subject to dismissal.

Question 231

Which pleadings require a certification of non-forum shopping?

Answer 231

Initiatory pleadings like complaints, permissive counterclaims, cross-claims, third (fourth, etc.) party complaints, and complaints-in-intervention require a certification against forum shopping.

Question 232

What is the effect of non-compliance with the CNFS?

Answer 232

-Not curable by mere
amendment of the
complaint or other
initiatory pleading.
-Cause for dismissal of
the case, without
prejudice, unless
otherwise provided,
upon motion and
after hearing.

Question 233

What is the effect of False Certification of CNFS?

Answer 233

It constitutes indirect
contempt of court,
without prejudice to
administrative and
criminal actions.

Question 234

What is the effect of Non-compliance with
any of the
undertakings in the CFNS

Answer 234

It constitutes indirect
contempt of court,
without prejudice to
administrative and
criminal actions.

Question 235

How is a pleading verified?

Answer 235

By an affidavit under oath with the following
attestations:
a. The allegations in the pleading are true and
correct based on personal knowledge or
authentic documents; (TC-PK)
b. The pleading is not filed to harass, cause
unnecessary delay , or needlessly increase the
cost of litigation; and (not HUCI)
c. The factual allegations therein have
evidentiary support or, if specifically so
identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.
(ESu)

Question 236

Pleading Requirements

Question: What elements must every pleading contain in a methodical and logical form?

Answer 236

Answer:

A plain, concise, and direct statement of the ultimate facts.
The evidence on which the party relies for their claim or defense.
Pertinent provisions of the law and its applicability if the cause of action or defense is based on law.

Question 237

Pleading Alternative Causes of Action

Question: Under what circumstances can a party set forth two or more claims or defenses alternatively in one cause of action?

Answer 237

Answer: A party can do so when they are not certain which cause of action fits the set of facts alleged in the complaint. A pleading with alternative causes of action remains sufficient as long as one of them is valid.

Question 238

Condition Precedent

Question: What is a condition precedent in pleading, and how is it generally averred?

Answer 238

Answer: A condition precedent refers to matters that must be complied with before a cause of action arises. In any pleading, a general averment of the performance or occurrence of all conditions precedent is sufficient.

Question 239

Pleading an Actionable Document

Question: What are the requirements when an action or defense is based upon a written instrument or document?

Answer 239

Answer:

The substance of the document should be set forth in the pleading.
The original or a copy of the document should be attached to the pleading as an exhibit.

Question 240

Contesting an Actionable Document

Question: What is the general rule for contesting an actionable document, and when does the requirement of an oath not apply?

Answer 240

Answer:

General Rule: The adverse party must, under oath, specifically deny the document and set forth their version of the facts.
Exception: The oath is not necessary when the adverse party does not appear to be a party to the instrument or when compliance with an order for inspection is refused.

Question 241

Specific Denial and Oath Requirement

Question: When is a specific denial under oath required, and what does “genuineness and due execution” of an instrument mean?

Answer 241

Answer:

A specific denial under oath is required for the genuineness and due execution of an actionable document.
“Genuineness and due execution” means that the instrument is not spurious, counterfeit, or of different import on its face from the one executed.

Question 242

Failure to Make Specific Denials

Question: What is the consequence of failing to make specific denials regarding the genuineness and due execution of an actionable document?

Answer 242

Answer: Failure to comply with the prescribed procedure results in the admission of the genuineness and due execution of the actionable document.

Question 243

Admission of Material Averments

Question: When are material averments in a pleading asserting a claim deemed admitted?

Answer 243

Answer: Material averments in a pleading asserting a claim are deemed admitted when not specifically denied.

Question 244

Exceptions to Deemed Admission

Question: What are the exceptions to the general rule that material averments in a pleading asserting a claim are deemed admitted?

Answer 244

Answer:

Amount of unliquidated damages.
Conclusions in a pleading.
Non-material allegations or averments.

Question 245

Claim of “Ignorance or Lack of Information”

Question: When does a claim of “ignorance or lack of information” by the defendant result in an implied admission?

Answer 245

Answer: A claim of “ignorance or lack of information” results in an implied admission when the matters are plainly and necessarily within the defendant’s knowledge. However, it is deemed waived if the party asserting it allows the adverse party to present evidence without objection.

Question 246

What are defenses NOT
waived despite
failure to deny under
oath

Answer 246

-If there is evidence
of fraud, mistake,
compromise,
payment, statute of
limitations, estoppel
and want of
consideration
-mistake or
imperfection in the
writing, or that it
does not express the
true agreement
-agreement is invalid
or that there is an
intrinsic ambiguity
(Go Tong Electrical
Supply vs. BPI Family,
G.R. No. 187487,
June 29, 2015

Question 247

What are Defenses waived by
admission?

Answer 247

(1) Forgery of
signature;
(2) The party charged
signed the
instrument in some
other capacity;
(3) Want of authority
of an agent;
(4) Corporation was
not authorized under
the charter to sign
the instrument;
(5) Want of delivery;
or,
(6) The document as
signed was not in
words and figures
exactly set out in the
pleading
(Go vs. BPI Savings
Bank, GR No. 187487,
June 29, 2015).

Question 248

What are affirmative defenses?

Answer 248

Affirmative
defenses are as follows:

SPIDERS-OFF
(1) Statute of limitations;
(2) Payment;
(3) Illegality;
(4) Discharge in bankruptcy;
(5) Estoppel;
(6) Release;
(7) Statute of frauds;
(8) Any Other matter by way of confession and
avoidance;
(9) Former recovery; and
(10) Fraud.

Question 249

Consequences of granted/denied affirmative
defense/s.

Answer 249

GRANTED : Affirmative
Defense/s Dismissal of the
complaint

DENIED Affirmative
Defense/s: Shall NOT be subject
for a motion for
reconsideration or
petition for certiorari,
prohibition or
mandamus.
(Rule 8, Sec. 12, (e)).

As such, the case will
just proceed to trial. Proper Remedy: May
be among the
matters to be raised
on APPEAL after a
judgment on the
merits.

Question 250

What are the non-waivable grounds that, if not raised in the pleadings, are exceptions to the general rule of waiver?

Answer 250

Answer:

Lack of jurisdiction over the subject matter.
Litis pendentia.
Res judicata.
Statute of limitations/prescription. (Rule 9, Sec. 1)

Question 251

Court’s Power to Dismiss

Question: When can the court dismiss a case motu proprio, and what grounds allow for such dismissal?

Answer 251

Answer:
The court has the power to dismiss a case motu proprio if non-waivable grounds (lack of jurisdiction, litis pendentia, res judicata, and statute of limitations) are apparent on the face of the complaint. (Rule 9, Sec. 1)

Question 252

Failure to Raise Affirmative Defense

Question: What is the general rule regarding the failure to raise an affirmative defense in the answer or at the earliest opportunity?

Answer 252

Answer:
Failure to raise an affirmative defense in the answer or at the earliest opportunity constitutes a waiver of the defense. (Rule 8, Sec. 12 (b))

Question 253

Exceptions to Waiver of Affirmative Defense

Question: What are the exceptions to the general rule that failure to raise an affirmative defense constitutes a waiver? (These are non-waivable grounds)

Answer 253

Answer:

Lack of jurisdiction over the subject matter.
Litis pendentia.
Res judicata.
Statute of limitations. (Rule 9, Sec. 1)

Question 254

Summary of Exceptions

Question: In simpler terms, which affirmative defenses are exceptions to the general rule of waiver?

Answer 254

Answer:
Failure to raise the defenses of lack of jurisdiction over the subject matter, litis pendentia, res judicata, and statute of limitations does not constitute a waiver. (Rule 9, Sec. 1)

Question 255

What is the purpose of Amendment

Answer 255

Purpose of amendment
The courts should be liberal in allowing
amendments to pleadings to avoid a multiplicity
of suits and in order that the real controversies
between the parties are presented, their rights
determined, and the case decided on the merits
without unnecessary delay

Question 256

Amended Pleading v. Supplemental Pleading

Answer 256

Amended Pleading - Correction of an error
or mistake or
inadequacy
committed in the
pleading which refers
to facts existing at
the time of the
commencement of
the action.
(Rule 10, Sec. 1) c

Whereas

Supplemental
Pleading -
One that sets forth
transactions,
occurrences or
events which have
happened since the
date of the pleading
sought to be
supplemented.
(Rule 10, Sec. 6)

Question 257

When is no amendment necessary to conform to or authorize the presentation of evidence?

Answer 257

Answer: No amendment is necessary when issues not raised by the pleadings are tried with the express or implied consent of the parties. In such cases, these issues are treated as if they had been raised in the pleadings, and no amendment is required to cause them to conform to the evidence (Rule 10, Section 5).

Question 258

What is a supplemental pleading, and what does it set forth?

Answer 258

Answer:

A supplemental pleading is one that sets forth transactions, occurrences, or events that have happened since the date of the pleading sought to be supplemented.
It brings into the records new facts that will enlarge or change the kind of relief to which the plaintiff is entitled.

Question 259

What is the purpose of a supplemental pleading, and how does it affect the relief sought by the plaintiff?

Answer 259

Answer:

The purpose of a supplemental pleading is to bring into the records new facts that will enlarge or change the kind of relief to which the plaintiff is entitled.
It allows the plaintiff to incorporate developments or events that occurred after the original pleading.

Question 260

Procedure for Making Supplemental Pleadings

Question: How is a supplemental pleading made, and what is the discretion of the court in this regard?

.

Answer 260

Answer:

Upon motion of a party, the court may allow the filing of a supplemental pleading.
The court has discretionary power in this matter and may grant permission upon reasonable notice and on terms that justly permit the serving of a supplemental pleading

Question 261

What is the rule on motion to extend time for an answer?

Answer 261

The Rules allow for a motion to extend time to
file an answer, as long as it is for meritorious
reasons. Such may only be availed of by the
defendant once and may not exceed 30 calendar
days

Question 262

What are the papers required to be filed and served?

Answer 262

a. Judgment
b. Resolution
c. Order
d. Pleading subsequent to the complaint
e. Written motion
f. Notice
g. Appearance
h. Demand
i. Offer of judgment; or
j. Similar papers (Sec. 4, Rule 13).

Question 263

When is the filing of a pleading considered complete?

Answer 263

Personal - considered complete Upon the receipt of court

Registered Mail - Date of mailing

Accredited Courier - Date of mailing

Electronic mail,
facsimile
transmission, other
electronic means as
may be authorized by
the Court - Date of electronic
transmission

Question 264

What is the Proof of Filing of pleadings?

Answer 264

GR: The filing of a pleading or any other court
submission shall be proved by its existence in the
record of the case.

XPN: If the pleading or any other court
document is not in the record, but is claimed to
have been filed by the following modes, proof
shall be:

Personal - By the written or
stamped
acknowledgment of
its filing by the clerk
of court on a copy of
the pleading or court
submission

Registered Mail - By the registry receipt
and the affidavit of
the person who
mailed it containing a
full statement of the
date and place of
deposit of the mail in
the post office in a
sealed envelope

addressed to the
court, with postage
fully prepaid, and
with the instructions
to the postmaster to
return the mail to the
sender after 10 CD if
not delivered.

Electronic mail,
facsimile
transmission -
facsimile
transmission
By an affidavit of
electronic filing of the
filing party, and a
paper copy of the
pleading or other
document
transmitted OR A
written or stamped
acknowledgment of
its filing by the clerk
of court

Other electronic
means as may be
authorized by the
Court - By an affidavit of
electronic filing of the
filing party, and a
copy of the electronic
acknowledgment of
its filing by the court.

Question 265

Differentiate Filing and Service.

Answer 265

Filing - is the act of submitting the
pleading or other paper to the court.

Whereas, Service - is the act of providing a party with a copy of the pleading or any other
court submission.

Question 266

To whom service of pleadings is made?

Answer 266

GR: Serve the copy of the
pleading or the court
submission to the party
himself.

XPN: If a party has appeared by
counsel, service upon such
party shall be made upon
his or her counsel or one of the counsels.

XPN to XPN: The court orders service
upon both the party and
counsel When several
parties/several
counsel Such counsel shall only be entitled to one copy of any
paper served upon him by
the opposite side.

Where several
counsels appear for one
party - Such party shall be entitled to only one copy of any pleading or paper to be served upon the lead
counsel if one is
designated or upon any
one of them is there no
designation of a lead
counsel (Sec. 2, Rule 13).

Question 267

What is the effect of service of a petition upon a party, when the party is represented by counsel
of record?

Answer 267

It is a patent nullity and is not binding
upon the party wrongfully served.

Question 268

Can Judgments, final orders, or resolutions
be served by substituted service?

Answer 268

NO. Judgments, final orders, or resolutions cannot
be served by substituted service

Question 269

What is the rule on the payment of Docket Fees?

Answer 269

Payment of docket fees is mandatory and
jurisdictional

Question 270

What vest a trial
court with jurisdiction over the subject matter or
nature of the action?

Answer 270

It is not simply the filing of the complaint or
appropriate initiatory pleading but the payment
of the prescribed docket fee that vests a trial
court with jurisdiction over the subject matter or
nature of the action

Question 271

What is the nature and purpose of a summons in a legal context, as explained in Republic vs. Domingo (G.R. No. 175299, September 14, 2011) and Borlongan vs. Banco De Oro (G.R. No. 217617, April 5, 2017)?

Answer 271

The nature and purpose of a summons are outlined in two key cases. In Republic vs. Domingo, the writ serves the dual purpose of acquiring jurisdiction over the person of the defendant and notifying them of the action brought against them. Additionally, Borlongan vs. Banco De Oro emphasizes that the summons aims to give the defendant an opportunity to be heard on the claim against them.

Question 272

In the context of actions In Personam, what are the purposes of the summons, and what remedy is available in case of a final and executory judgment with no proper service of summons?

Answer 272

Purposes of Summons in In Personam:
a. To acquire jurisdiction over the person of the defendant in a civil case.
b. To give notice to the defendant that an action has been commenced against them.

Remedy for Lack of Proper Service of Summons:
If a final and executory judgment has been rendered in an action In Personam without proper service of summons, the remedy is a Petition for Annulment of Judgment under Rule 47, citing lack of jurisdiction. Lack of jurisdiction may pertain to either the subject matter or the person of the defendant, and denial of due process is recognized as a valid ground for annulment, as established in Sarol v. Spouses Gordon (G.R. No. 244129, December 09, 2020).

Question 273

What is the nature and purpose of a summons in relation to actions In Rem and Quasi In Rem, and what distinguishes them from In Personam actions?

Answer 273

Answer:
Nature and Purpose of Summons in In Rem and Quasi In Rem:
a. Not to acquire jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process.
b. Jurisdiction over the defendant is not required.
c. The court acquires jurisdiction over an action as long as it acquires jurisdiction over the res (subject matter of the action).

Distinguishing Feature:
Unlike In Personam actions where acquiring jurisdiction over the person is crucial, In Rem and Quasi In Rem actions focus on due process and acquiring jurisdiction over the subject matter (res) rather than the individual defendant.

Question 4: Who are aut

Question 274

Who are authorized to serve summons, and what is the general rule regarding the individuals who can perform this duty? Are there any exceptions to this rule?

Answer 274

Answer:
Authorized Individuals to Serve Summons:
a. The sheriff.
b. His or her deputy.
c. Other proper court officer.
d. The plaintiff together with the sheriff.

General Rule:
The list above is EXCLUSIVE.

Exception (XPN):
Counsel may be deputized by the court to serve summons on his client under specific circumstances:

Question 275

To whom summon served in case of the Defendant?

Answer 275

To the person of the
defendant himself
(Rule 14, Sec. 5

Question 276

To whom summon served in case Spouses?

Answer 276

If sued jointly, service
of summons should
be made to each
spouse individually
(Rule 14, Sec. 11)

Question 277

To whom summon served in case of a Prisoner?

Answer 277

Upon the prisoner by
the officer of the
management of such
jail who is deemed as
a special sheriff for
such purpose (Rule
14, Sec. 8)

Question 278

To whom summon served in case of a Minor, insane or otherwise
incompetent?

Answer 278

Upon him or her
personally AND on
his or her legal
guardian or if none,
upon his or her
guardian ad litem
whose appointment
shall be applied for
by the plaintiff. In the
case of a minor,
service shall be made
on his or her parent
or guardian. (Rule 14,
Sec. 10)

Question 279

To whom summon served in case of a Domestic private
juridical entity
(corporation,
partnership, or
association
organized under the
laws of the
Philippines)

Answer 279

First, to any of the
following, wherever
they may be found
(EXCLUSIVE)
(a) Corporate
Secretary
(b) Treasurer
(c) In-house counsel
of the corporation
(d) General manager
(e) Managing partner
(f) President

Second, in case of
their absence or
unavailability, on
their Secretaries.

Third, in case of their
absence or
unavailability, the
person who
customarily receives
the correspondence
for the defendant at
its principal office.
(Rule 14, Sec. 12, par.
1 and 2

Question 280

To whom summon served in case of a Entity without
juridical personality
and are sued under
the name by which
they are generally or
commonly known

Answer 280

(a) Upon all the
defendants by
serving upon any one
of them, or

(b) Upon the person
in charge of the office
or place of business
maintained in such
name. Such service
shall not bind
individually any
person whose
connection with the
entity has, upon due
notice, been severed
before the action was
filed (Rule 14, Sec. 7)

Question 281

To whom summon served in case of a Domestic private juridical entity under receivership or
liquidation

Answer 281

On the receiver or
liquidator, as the case
may be (Rule 14, Sec.
12, par. 3)

Question 282

To whom summon served in case of a Foreign private judicial entity which has transacted/doing
business in the
Philippines

Answer 282

(a) Its designated
resident agent;

(b) If no designated
agent
i. on the government
official designated by
law to that effect; or
ii. on any of its
officers, agents,
directors or trustees
within the Philippines
(Rule 14, Sec. 14, par.
1

Question 283

To whom summon served in case of the Republic of the Philippines

Answer 283

Solicitor General
(Rule 14, Sec. 15)

Question 284

To whom summon served in case of the Province, City or
Municipality, or like
public corporation

Answer 284

(a) executive head; or
(b) such other officer
or officers as the law
or the court may
direct
(Rule 14, Sec. 15)

Question 285

What is the duty of counsel when a defendant claims lack of jurisdiction over his person by special appearance, and how does the court address this situation?

Answer 285

When a defendant claims lack of jurisdiction over his person by special appearance, the court will no longer dismiss the case but instead will deputize the counsel to serve summons on his client.

Question 286

Within what timeframe should the server complete the service of summons, according to Rule 14, Section 20?

Answer 286

The server shall complete the service within 30 calendar days from issuance of summons by the clerk of court and receipt of such.

Question 287

What is an alias summons, and when is it issued according to Rule 14, Section 4?

Answer 287

Answer:
An alias summons is issued by the court, upon motion, in case of loss or destruction of summons.

Question 288

How is personal service of summons conducted, and what should the sheriff do if the defendant refuses to receive the summons?

Answer 288

Answer:
Personal service of summons can be conducted by handing a copy to the defendant in person and informing them of being served. If the defendant refuses to receive and sign for it, the sheriff must leave the summons within the view and in the presence of the defendant, still informing them of being served.

Question 289

What are the conditions for availing substituted service of summons, and what are the methods of substituted service as outlined in Manotoc v. CA (499 SCRA 21, 2006)?

Answer 289

Answer:
Substituted service may be availed of when, for justifiable reasons, the defendant cannot be served personally after at least 3 attempts on 2 different dates within the 30 calendar day period provided for the completion of service of summons. The methods include leaving copies of the summons at the defendant’s residence or office with a competent person, or with officers of a homeowners’ association or condominium corporation.

Question 290

How is constructive service performed in cases where the defendant’s whereabouts are unknown, as described in Rule 14?

Answer 290

Answer:
Constructive service, which applies when the defendant’s whereabouts are unknown, is made by publication with the leave of court. This involves publishing the summons in a newspaper of general circulation for a specified time period.

Question 291

Under what circumstances can extraterritorial service of summons be allowed, and what methods are available for such service?

Answer 291

Answer:
Extraterritorial service of summons can be allowed when the defendant does not reside or is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to property within the Philippines. Methods for such service include personal service, means provided for in international conventions, publication in a newspaper, or any other manner deemed sufficient by the court.

Question 292

What are the requirements for proof of service, and what is the consequence of a defective return of service according to Rule 14, Section 21?

Answer 292

Answer:
Proof of service must be made in writing by the server and should include the manner, place, and date of service, among other details. If the sheriff’s return is defective, it is insufficient and incompetent to prove that summons was indeed served, shifting the burden to the party alleging valid summons to prove service.

Question 293

How does voluntary appearance affect the jurisdiction of the trial court over the person of the defendant?

Answer 293

Answer:
While a trial court typically acquires jurisdiction over the person of the defendant by service of summons, voluntary appearance by the defendant in the action is equivalent to service of summons.

Question 294

What is the exception mentioned in Rule 14, Section 23 regarding voluntary appearance, and what are the consequences of including other grounds in a motion to dismiss?

Answer:
The exception is that the defendant’s voluntary appearance in the action shall be equivalent to service of summons. Including other grounds in a motion to dismiss, aside from lack of jurisdiction over the person of the defendant, is deemed a voluntary appearance. However, such motions to dismiss are still prohibited as the ONLY allowable grounds for a motion to dismiss are lack of jurisdiction over the subject matter, litis pendencia, res judicata, and prescription.

Answer 294

The exception is that the defendant’s voluntary appearance in the action shall be equivalent to service of summons. Including other grounds in a motion to dismiss, aside from lack of jurisdiction over the person of the defendant, is deemed a voluntary appearance. However, such motions to dismiss are still prohibited as the ONLY allowable grounds for a motion to dismiss are lack of jurisdiction over the subject matter, litis pendencia, res judicata, and prescription.

Question 295

Voluntary appearance v. Conditional appearance

Answer 295

Voluntary Appearance - By seeking affirmative reliefs
from the trial court,
the individual is deemed to have voluntarily submitted to the jurisdiction of the
court. (Tujan Militante vs.
Nustad G.R. No.
209518, June 19,
2017

Whereas

Conditional/Special
Appearance - A party who makes a
special appearance to
challenge, among
others, the court’s
jurisdiction over his
person cannot be
considered to have
submitted to its
authority. (Frias vs.
Alcayde, G.R. No.
194262, February 28,
2018

Question 296

Differentiate Litigious and Non-litigious Motions

Answer 296

Litigious - One which requires the parties to be
heard before a ruling
on the motion is
made by the court.

Whereas, Non-litigious
Motions which the
court may act upon
without prejudicing
the rights of adverse
parties. Such motions
shall not be set for
hearing and the court
shall resolve the
motion within 5
calendar days from
receipt of the
motion.

Question 297

What is the Omnibus Motion Rule, and what does it entail regarding motions attacking a pleading, order, judgment, or proceeding?

Answer 297

Answer:
The Omnibus Motion Rule states that a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available. All objections not included in the motion are deemed waived, except for non-waivable grounds such as lack of jurisdiction over subject matter, litis pendentia, res judicata, and prescription.

Question 298

What are the exceptions to the Omnibus Motion Rule regarding non-waivable grounds?

Answer 298

Answer:
Non-waivable grounds exempted from the Omnibus Motion Rule include lack of jurisdiction over subject matter, litis pendentia, res judicata, and prescription.

Question 299

What are the contents required in motions, and when are supporting affidavits and other papers necessary?

Answer 299

Answer:
Motions should include the relief sought to be obtained, the grounds upon which it is based, and supporting affidavits and other papers if required by the Rules of Court or necessary to prove facts alleged.

Question 300

What are litigious motions, and how is the period for filing an opposition and resolution of the motion determined?

Answer 300

Answer:
Litigious motions include motions for a bill of particulars, motion to dismiss, motion for new trial, motion for reconsideration, and motion for execution pending appeal. The period to file an opposition is 5 calendar days from receipt of the litigious motion, and the court shall resolve the motion within 15 calendar days from receipt of the opposition or upon expiration of the period to file such opposition.

Question 301

Can litigious motions be set for a hearing, and what is the procedure for such hearings?

Answer 301

Answer:
Yes, the court may call for a hearing if deemed necessary for the resolution of litigious motions. Notice specifying the time and date of the hearing is sent to all parties concerned.

Question 302

What are non-litigious motions, and what are some examples of such motions?

Answer 302

Answer:
Non-litigious motions include motions for the issuance of an alias summons, extension to file an answer, postponement, issuance of writs such as execution, possession, and other similar motions.

Question 303

What motions are prohibited according to Rule 15, Section 4 of the Rules of Court?

Answer 303

Answer:
Prohibited motions include motion to dismiss, motion to hear affirmative defenses, motion for reconsideration of the court’s action on affirmative defenses, motion to suspend proceedings without a TRO or injunction issued by a higher court, motion for extension of time to file pleadings, affidavits, or any other papers, and motion for postponement intended for delay.

Question 304

What grounds are allowed in a motion to dismiss according to Rule 15, Section 12, and what is the power of the court regarding dismissal based on these grounds?

Answer 304

Answer:
Grounds allowed in a motion to dismiss include lack of jurisdiction over subject matter, litis pendentia, res judicata, and prescription. The court has the power to dismiss a case motu proprio if these non-waivable grounds are apparent on the face of the complaint.

Question 305

When should lack of jurisdiction over the subject matter be raised, and what is the exception regarding estoppel by laches?

Answer 305

Answer:
Lack of jurisdiction over the subject matter may be raised at any stage of the proceedings, even for the first time on appeal. However, estoppel by laches may bar a party from questioning the court’s jurisdiction if raised only after an unreasonable delay.

Question 306

What is the remedy available if a motion to dismiss is denied, and under what circumstance can a petition for certiorari under Rule 65 be filed?

Answer 306

Answer:
The remedy against the denial of a motion to dismiss would generally be going through the usual trial process and later filing a timely appeal against an adverse judgment. A petition for certiorari under Rule 65 is available only when the denial of the motion to dismiss is tainted with grave abuse of discretion.

Question 307

What are the grounds for dismissal WITH prejudice?

Answer 307

Answer:
The grounds for dismissal WITH prejudice include:

Prescription
Unenforceability under the Statute of Frauds
Res Judicata
Extinction of the claim or demand

Question 308

What is the remedy for the plaintiff when a dismissal is WITH prejudice?

Answer 308

Answer:
The remedy for the plaintiff when a dismissal is WITH prejudice is to appeal, as stated in Section 13, Rule 15.

Question 309

When is dismissal WITHOUT prejudice applicable, and what is the remedy for the plaintiff in such cases?

Answer 309

Answer:
Dismissal WITHOUT prejudice applies when the dismissal is on an affirmative defense other than those listed for dismissal WITH prejudice, such as improper venue. The remedy for the plaintiff in such cases is to file an appropriate Special Civil Action under Rule 65.

Question 310

What is the general rule regarding dismissal due to the fault of the plaintiff, and what are the exceptions?

Answer 310

Answer:
The general rule is that dismissal due to the fault of the plaintiff is WITH prejudice. Exceptions occur when otherwise declared by the court.

Question 311

What are the circumstances under which a complaint may be dismissed due to the fault of the plaintiff?

Answer 311

Answer:
A complaint may be dismissed due to the fault of the plaintiff if:

The plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint.
The plaintiff fails to prosecute his action for an unreasonable length of time (non-prosequitur).
The plaintiff fails to comply with the Rules of Court or any court order.

Question 312

What is the effect of dismissal due to the fault of the plaintiff on the defendant’s counterclaim?

Answer 312

Answer:
Dismissal due to the fault of the plaintiff is without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action.

Question 313

Under what circumstances can a complaint be dismissed upon notice by the plaintiff, and what is the general effect of such dismissal?

Answer 313

Answer:
A complaint may be dismissed upon notice by the plaintiff before service of the answer or a motion for summary judgment. Generally, dismissal upon notice by the plaintiff is WITHOUT prejudice.

Question 314

What is the effect of dismissal upon motion of the plaintiff, and what are the exceptions to the general rule?

Answer 314

Answer:
Dismissal upon motion of the plaintiff is WITHOUT prejudice, but there are exceptions as specified in the court order.

Question 315

What is the effect of dismissal under the Two-dismissal Rule?

Answer 315

Answer:
Dismissal under the Two-dismissal Rule operates as an adjudication upon the merits.

Question 316

What conditions must be met for the Two-dismissal Rule to apply?

Answer 316

Answer:
The Two-dismissal Rule applies when the plaintiff has:

Twice dismissed an action
Based on or including the same claim
In a court of competent jurisdiction.

Question 317

P.TIFF AND
COUNSEL failed to appear in Pre-trial, what is effect and remedy?

Answer 317

The action shall
be dismissed with
prejudice, unless
otherwise
ordered by the
court.

Remedy: Motion for
reconsideration,
then appeal

Question 318

DEF. AND COUNSEL failed to appear in Pre-trial, what is effect and remedy?

Answer 318

The plaintiff shall
be allowed to
present evidence
ex parte within 10
calendar days
from termination
of pre-trial, and
judgment shall be
rendered based

Question 319

What is the purpose of pre-trial according to Rule 18 of the Rules of Court?

Answer 319

Answer:
The purposes of pre-trial include:

Possibility of an amicable settlement or alternative dispute resolution
Simplification of issues
Obtaining stipulations or admissions of facts and documents
Limitation of witnesses and setting trial dates
Preliminary reference of issues to a commissioner
Rendering judgment on pleadings or summary judgment if valid grounds exist.

Question 320

Why is pre-trial considered mandatory, and what action should be taken to ensure prompt termination?

Answer 320

Pre-trial is mandatory to ensure the efficient administration of justice. It should be terminated promptly to avoid unnecessary delays.

Question 321

Who is required to attend pre-trial, and what constitutes non-appearance?

Answer 321

Both parties and their counsel are required to attend pre-trial. Non-appearance occurs when either the party or their counsel fails to attend.

Question 322

Under what circumstances can a party and counsel be excused from attending pre-trial?

Answer 322

A party and counsel may be excused from attending pre-trial for acts of God, force majeure, or duly substantiated physical inability, as specified in Section 4, Rule 18.

Question 323

What is the consequence of non-appearance of the defendant at pre-trial?

Answer 323

Non-appearance of the defendant at pre-trial does not result in declaring them in default. Instead, it allows the plaintiff to present evidence ex parte, and the court may render judgment based on that evidence.

Question 324

Can you explain the exception regarding the default of the defendant in pre-trial, as illustrated in the case of Aguilar v. Lightbringers Credit Cooperative?

Answer 324

In the case of Aguilar v. Lightbringers Credit Cooperative, it was clarified that the failure of the defendant to attend pre-trial does not lead to declaring them in default. Instead, it allows the plaintiff to present evidence ex parte, and the court may render judgment based on that evidence.

Question 325

What is intervention according to Rule 19, and what are the three ways a third party can involve themselves in the proceedings?

Answer 325

Intervention is a proceeding in a suit or action by which a third person is permitted by the court to make themselves a party. They can join the plaintiff, unite with the defendant, or demand something adverse to both parties.

Question 326

What is the purpose of intervention, as stated in Asia’s Emerging Dragon Corporation vs. DOTC?

Answer 326

The purpose of intervention is to enable a third party to protect or preserve their right or interest, which may be affected by the proceedings.

Question 327

When can a motion for leave to intervene be filed, and what is the timeframe for the court to resolve it?

Answer 327

A motion for leave to intervene can be filed at any time before the rendition of judgment by the trial court. The court must resolve the motion within 15 calendar days from receipt of the opposition or upon the expiration of the period to file such opposition.

Question 328

What are the requisites for intervention according to Rule 19?

Answer 328

The requisites for intervention are:

-Filing a motion for leave to intervene before the rendition of judgment by the trial court.

-Having a legal interest in the matter in litigation or in the success of either party, or being adversely affected by the disposition of property in the custody of the court.

-Ensuring that intervention will not unduly delay or prejudice the adjudication of rights of the original parties.

-The intervenor’s rights may not be fully protected in a separate proceeding.

Question 329

What are the available remedies if the motion for intervention is denied?

Answer 329

The available remedies if the motion for intervention is denied include appeal or mandamus if there is grave abuse of discretion and there is no other plain, speedy, and adequate remedy.

Question 330

What is the remedy available if the motion for intervention is granted improperly?

Answer 330

The remedy available if the motion for intervention is granted improperly is certiorari and prohibition.

Question 331

Subpoena v. Summons

Answer 331

Subpoena is An order to appear and testify, or to
produce books and
documents (Rule 21,
Sec. 1).

Whereas

Summons is An order to answer the complaint (Rule
14, Sec. 2)

Question 332

How is the computation of time done for any period prescribed by the Rules of Court?

Answer 332

The day of the act or event from which the designated period of time begins to run is excluded, and the date of performance is included.

Question 333

When does the time period not run if the last day falls on a Saturday, Sunday, or a legal holiday in the place where the court sits?

Question 334

When does the time period not run if the last day falls on a Saturday, Sunday, or a legal holiday in the place where the court sits?

Question 336

According to A.M. 00-2-14-SC, what is the correct rule for extending the time to file a required pleading on a Saturday, Sunday, or holiday?

Question 337

How is the interruption of a period handled in the computation of time according to Rule 22, Section 2?

Question 338

Can you provide an example where the computation of time includes excluding the day of the act and including the date of performance?

Question 339

How does the rule handle situations where the last day of a period falls on a legal holiday in the court’s location?

Question 340

What is the maximum period within which the court must decide and serve copies of its decision to the parties?

Answer 340

The court must decide and serve copies of its decision to the parties within a period not exceeding 90 calendar days from the submission of the case for resolution, with or without memoranda.

Question 341

What is the effect of Demurrer to Evidence once granted? Is there a Remedy?

Answer 341

The case shall be
dismissed. The grant
of a demurrer is
considered an
adjudication on the
merits.

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

REMEDY: Appeal

The appellate court
should not remand
the case for further
proceedings but
should render
judgment on the basis
of the evidence
submitted by the
plaintiff

Question 342

What is the effect of Demurrer to Evidence if denied? What is the Remedy?

Answer 342

The defendant shall
have the right to
present his evidence.

REMEDY: Proceed to trial

If the defendant
loses, appeal the
judgment and include
in the assigned errors
the denial of the
demurrer to
evidence.
The order denying the
demurrer to evidence
shall NOT be the
subject of an appeal
or petition for
certiorari,
prohibition, or
mandamus before
judgment

Question 343

Demurrer to Evidence in a Civil Case vs.
Demurrer to Evidence in a Criminal Case

Answer 343

Civil Case
Anchored upon the
failure of the plaintiff
to show that he is
entitled to relief,
upon the facts and
the law

Criminal Case
Predicated upon
prosecution’s
insufficiency of
evidence

Civil
If the demurrer is
denied, the
defendant does not
lose his right to
present his evidence.

Criminal
w/ LOC: The defense
may present
evidence upon denial
of demurrer.
w/o LOC: If the
demurrer is denied,
the defense is
deemed to have
waived the right to
present evidence and
thus submits the case
for judgment on the
basis of evidence
offered by the
prosecution.

Civil
If the demurrer is
granted, the plaintiff
may appeal and if the
dismissal is reversed,
the defendant is
deemed to have
waived his right to
present his evidence.

Criminal
No appeal is allowed
when a demurrer is
granted because the
dismissal is deemed
an acquittal

Civil
It is the defendant
who invokes
demurrer by moving
for the dismissal of
the case. The court
does not do so on its
own initiative.

Criminal
The court may, on its
own initiative, dismiss
the action after giving
the prosecution an
opportunity to be
heard

Question 344

Judgment on the Pleadings

Answer 344

Who can avail: PLAINTIFF/CLAIMANT ONLY
When filed: Only after the answer is served
Basis: Pleadings alone

Question 345

What is the ground for Judgment of the pleadings?

Answer 345

The court may, motu proprio or on motion by a
party, direct judgment on such pleading when
the ANSWER:
a. Fails to tender an issue
b. Admits the material allegations of the adverse
party’s pleading (Sec. 1 and 2, Rule 34).

Question 346

What is the meaning of “Fais to tender an issue” or “Admits
the material allegations of the adverse party’s
pleading”?

Answer 346

1. . If it does not comply with the requirements for specific denial set out
   in Rule 8;

2, Admission of the material allegations of
the adverse party’s pleadings not only
where it expressly confesses the
truthfulness thereof but also if it omits
to deal with them at all.
(Asian Construction Dev’t Corp. v. Sannaedle Co., Ltd, G.R. No. 181676,
2014

Question 347

Illustration of Rule 8 in relation to Judgment of the Pleadings.

Answer 347

To illustrate under Rule 8:
We learned that a specific denial under oath is
required to deny the genuineness and due
execution of an actionable document.

Now, if the defendant fails to specifically deny
UNDER OATH, there is already a failure on his
part to observe the requirements for specific
denial. Because of this failure, the genuineness
and due execution of an actionable shall be
deemed ADMITTED. As a consequence, the
plaintiff may now move for Judgment on the
Pleadings.

Question 348

Judgment on the Pleadings vs Default?

Answer 348

In order for the plaintiff to avail of Rule 34,
there should be an ANSWER. No answer, no
judgment on the pleadings. Instead, the proper
remedy is to move that the defendant be
declared in DEFAULT

Question 349

When is Judgment on the Pleadings not proper?

Answer 349

Judgment on the pleadings is NOT proper in the
ff. cases:
a. Declaration of Nullity of Marriage;
b. Annulment of marriage; and
c. Legal Separation.
Note: In these cases, the material facts alleged in
the complaint shall always be proved. (Sec. 1,
Rule 34)

Question 350

Are actions of the court on motion for Judgment on the pleadings subject of an appeal or petition for certiorari, prohibition, or mandamus?

Answer 350

No. Any action of the court on a motion for judgment
on the pleadings shall NOT be subject of an
appeal or petition for certiorari, prohibition, or
mandamus

Question 351

When can a plaintiff seek summary judgment and what must be done before that?

Answer 351

A plaintiff can seek summary judgment only after the answer is served.

Question 352

When can a defendant seek summary judgment and is there any restriction on the timeline?

Answer 352

A defendant can seek summary judgment at any time.

Question 353

What are the basis on which a court may consider a summary judgment?

Question 354

How does a court determine if there exists a genuine issue in a summary judgment?

Question 355

Using an example, explain when a summary judgment may be appropriate in a collection case.

Question 356

What is the test to determine whether summary judgment is appropriate?

Question 357

What happens if the judgment on a motion for summary judgment is not appealed?

Question 358

What is the date considered as the finality of a judgment?

Question 359

Under what circumstances can a court’s action on a motion for summary judgment not be appealed?

Answer 359

Any action of the court on a motion for summary judgment shall not be subject to an appeal or petition for certiorari, prohibition, or mandamus.

Question 360

What is the physical act referred to as the entry of judgment and when does it occur?

Question 361

What is the doctrine of immutability of judgment?

Question 362

What are the exceptions to the doctrine of immutability of judgment?

Answer 362

The exceptions to the doctrine of immutability of judgment include:
- Correction of clerical errors
- Nunc pro tunc entries
- Situations where circumstances arise after finality of the decision, rendering its execution unjust and inequitable
- Cases of special and exceptional nature where modification is necessary in the interest of justice
- Void judgments
- Instances where a grave injustice would result from strict application of the rules
- Grounds for annulment of judgment or petition for relief
———-

Question 363

Why is the doctrine of immutability of judgment important in the legal system?

Question 364

What are the remedies available before finality of judgment ?

Answer 364

The remedies before finality of judgment include:
- Motion for new trial (Rule 37)
- Motion for reconsideration (Rule 37)
- Appeal (Rules 40-45)
———-

Question 365

What are the grounds for a Motion for New Trial according to Rule 37?
negligence
———-

Answer 365

The grounds for a Motion for New Trial under Rule 37 are FAME:
- Fraud (Extrinsic)
- Accident
- Mistake
- Excusable n

Question 366

What are the grounds for a Motion for New Trial according to Rule 37?

Answer 366

The grounds for a Motion for New Trial under Rule 37 are FAME:
- Fraud (Extrinsic)
- Accident
- Mistake
- Excusable negligence
———-

Question 367

How is fraud defined in the context of a Motion for New Trial?

Question 368

When can a negligence of counsel affect the outcome of a case?

Question 369

What happens if a Motion for New Trial based on FAME is not accompanied by an Affidavit of Merits?

Question 370

How should a Motion for New Trial or Reconsideration be filed?

Answer 370

A Motion for New Trial or Reconsideration should be made in writing, stating the grounds, and a written notice of which should be served on the adverse party.

Question 371

In what instances can a judgment be considered defective?

Question 372

Describe the concept of Excusable Negligence.

Answer 372

The inability of ordinary prudence to prevent the occurrence and the probable impairment of rights for the aggrieved party.

Question 373

Define Negligence of counsel and its exceptions.

Answer 373

Negligence of counsel is binding on the client and that an exception exists when such negligence prejudices the client and prevents a fair presentation of the case.

Question 374

Describe the concept of Newly Discovered Evidence (NDE) and its requirements (PARM).

Answer 374

Newly Discovered Evidence is found after a trial and that the evidence could not have been discovered earlier, must be significant enough to potentially alter the outcome of the case, and needs to be material rather than collateral.

Question 375

What should be included in a Motion for New Trial (MNT) according to its content?

Answer 375

Motion for New Trial should include all available grounds and that failure to include any grounds will result in them being considered waived.

Question 376

Explain the effect of a granted Motion for New Trial (MNT) on the original judgment or final order.

Answer 376

The trial court may set aside the judgment or final order and grant a new trial upon just terms.

The action will proceed for a trial de novo, which means a new trial from the beginning, and that the recorded evidence may be used without retaking it.

Answer 377

Excessive damages, insufficient evidence, and the decision or order being contrary to law.

Question 378

What does Motion for Reconsideration directed against?

Answer 378

A Motion for Reconsideration is directed
against a judgment or final order. It does NOT
refer to interlocutory orders, which often
precedes a petition for certiorari under Rule 65.

Question 379

Define a pro forma Motion for New Trial/Motion for Reconsideration.

Answer 379

A pro forma motion does not toll the reglementary period of appeal and is considered as such when it is based on previously denied grounds, lacks specificity, or fails to present new arguments.

Question 380

How does a Motion for Reconsideration differ from a Motion for New Trial?

Answer 380

A Motion for Reconsideration focuses on challenging the existing judgment or order, aiming to persuade the court to review its decision. In contrast, a Motion for New Trial aims to introduce new evidence or highlight errors that occurred during the trial, potentially leading to a retrial.

Question 381

Describe the content required in a Motion for Reconsideration.

Answer 381

A Motion for Reconsideration must specifically point out findings or conclusions not supported by evidence or contrary to law, referencing testimonial or documentary evidence or legal provisions.

EXPLANATION
A Motion for Reconsideration needs to clearly identify any errors in findings or legal conclusions, supported by evidence or legal references. It should not introduce new evidence but focus on addressing existing information or legal arguments.

Question 382

Do interlocutory orders fall under the scope of a Motion for Reconsideration?

Answer 382

Interlocutory orders are issued during the course of a case and are not final judgments. A Motion for Reconsideration is specifically for challenging final judgments or orders, not interim rulings like interlocutory orders. This distinction helps maintain the procedural efficiency of the legal process.

Question 383

How long does the court have to resolve a Motion for Reconsideration?

Answer 383

The court must resolve a Motion for Reconsideration within 30 days from the time it is submitted for resolution, as the 30-day period is mandatory.

EXPLANATION
The 30-day timeframe for resolving a Motion for Reconsideration is typically set to ensure timely adjudication of legal matters and maintain efficiency in the judicial process. Adhering to this deadline helps prevent unnecessary delays in the resolution of cases and provides parties with prompt decisions on their requests for reconsideration.

Question 384

Describe the effects of the denial of a Motion for New Trial or Motion for Reconsideration.

Answer 384

The denial of a MNT/MR is not appealable, and the remedy is to appeal from the judgment or final order. However, the denial may be challenged through a petition for certiorari under Rule 65.

EXPLANATION
The denial of a Motion for New Trial or Motion for Reconsideration is typically not appealable directly. Instead, the usual recourse is to appeal the final judgment. However, in certain circumstances, it can be challenged through a petition for certiorari under Rule 65.

Question 385

What can be done if a Motion for New Trial or Motion for Reconsideration is partially granted?

Answer 385

If only a part of the issues or matter in controversy is affected, the court may order a new trial or grant reconsideration as to those specific issues if they are severable without affecting the rest of the judgment or final order.

EXPLANATION
When a Motion for New Trial or Motion for Reconsideration is partially granted, the court can isolate the specific issues impacted and address them individually without disturbing the unaffected portions of the judgment. This approach ensures fairness and efficiency in the legal process.

Question 386

Define the Fresh Period Rule in relation to filing a notice of appeal after the dismissal of a motion for new trial or reconsideration.

Answer 386

The Fresh Period Rule provides an additional opportunity for the adverse party to file a notice of appeal, granting them 15 days from the order dismissing a motion for new trial or reconsideration. This rule aims to ensure fairness and procedural clarity in the appeals process.

Question 387

How does the Fresh Period Rule impact the timeline for filing a notice of appeal?

Answer 387

The Fresh Period Rule allows additional time to file a notice of appeal after a motion for new trial or reconsideration is submitted, giving parties a 15-day window from the notice of judgment or final order. This rule aims to ensure fairness and proper consideration of legal options.

Question 388

Describe the options available to the court when less than all issues are ordered retried in a partial new trial.

Answer 388

When a partial new trial is ordered, the court has the discretion to either resolve the remaining issues and issue a final judgment or stay enforcement until the retrial is completed. This approach ensures efficiency and prevents conflicting outcomes from the original and retrial proceedings.

Question 389

What is the significance of the denial of a Motion for New Trial or Motion for Reconsideration in terms of appealable orders?

Answer 389

The denial of a Motion for New Trial or Motion for Reconsideration is not considered a final order in legal proceedings. Appeals must be based on the judgment or final order issued by the court, rather than the denial of these motions. This ensures that the appellate process follows established legal procedures.

Question 390

How can a party challenge the denial of a Motion for New Trial or Motion for Reconsideration if not through an appeal?

Answer 390

A petition for certiorari under Rule 65 allows a party to challenge the denial of a Motion for New Trial or Motion for Reconsideration because these denials are not directly appealable. This type of petition seeks review by a higher court to determine if there was a grave abuse of discretion in the denial.

Question 391

Describe the circumstances under which a court may order a new trial or grant reconsideration for only a part of the issues or parties involved.

Answer 391

Courts may order a new trial or reconsideration for specific issues or parties if the grounds for the motion only impact those particular aspects. This allows for targeted review without disrupting the entire judgment or order. It ensures fairness and efficiency in the legal process.

Question 392

Describe the importance of perfecting an appeal in accordance with the law.

Answer 392

Perfecting an appeal in accordance with the law is crucial because it is a mandatory requirement for the appeal to be considered valid and for the court to have jurisdiction over the case. Failure to adhere to these legal procedures can result in the judgment becoming final and enforceable, potentially impacting the rights of the parties involved.

Question 393

Define final order in the context of appeals.

Answer 393

A final order is one that completely disposes of the case, leaving no further actions to be taken by the court.

Question 394

How does an interlocutory order differ from a final order in appeals?

Answer 394

Interlocutory orders are provisional and address procedural issues, while final orders conclusively decide the case. Interlocutory orders can be appealed before the case ends, but final orders are typically appealed once the case concludes

Question 395

Do interlocutory orders require a different remedy compared to final orders in appeals?

Answer 395

Interlocutory orders are considered preliminary or interim decisions that do not dispose of the case. They are not typically appealed but can be challenged through a petition for Certiorari under Rule 65, which allows for review of grave abuse of discretion or lack or excess of jurisdiction by a lower court.

Question 396

Describe the types of orders that are not appealable according to the content.

(MEMORIZE)

Answer 396

Orders denying relief motions are typically considered not appealable because they are often viewed as preliminary or procedural decisions rather than final judgments. Interlocutory orders are also generally not appealable as they are made during the course of ongoing litigation. Orders disallowing appeals are self-explanatory in that they explicitly prohibit further appeals. These types of orders are designed to maintain the efficiency and integrity of the legal process.

Question 397

How can an aggrieved party challenge a non-appealable judgment or order?

Answer 397

Rule 65 of the Rules of Court in many jurisdictions allows for special civil actions like certiorari, prohibition, and mandamus to challenge non-appealable judgments or orders. These actions are remedies when regular appeals are not available, providing a way to seek judicial review.

Question 398

Describe the instances where judicial intervention may be deemed urgent according to the content.

Answer 398

Judicial intervention is considered urgent when legal issues need immediate resolution, irreparable harm is at stake, due process is violated, administrative remedies are not exhausted, public interest is significant, or quo warranto actions are involved. These situations require swift judicial action to prevent further harm or injustice.

Question 399

Define a question of law versus a question of fact?

Answer 399

A question of law focuses on interpreting and applying legal principles to a situation, often requiring a judge’s expertise. In contrast, a question of fact deals with determining the accuracy of events or circumstances presented in a case.

Question 400

How does the Supreme Court generally approach the review of facts?

Answer 400

The Supreme Court is typically not a trier of facts and does not reevaluate evidence on record, deferring to trial court findings affirmed by the Court of Appeals.

Explanation:
The Supreme Court’s focus is on legal issues rather than reexamining factual evidence. It relies on lower court decisions unless there are significant legal errors. This approach respects the trial court’s role in determining facts. The Court prioritizes interpreting and applying the law correctly.

Question 401

Do exceptions exist to the Supreme Court’s general stance on reviewing facts? If so, provide examples.

Answer 401

Exceptions to the Supreme Court’s general stance on reviewing facts are crucial to ensure justice. These exceptions allow for correction when decisions are based on speculation, involve clear errors in inference, show serious abuse of discretion, or when there are conflicting findings between lower courts. This nuanced approach enhances the integrity of the judicial process.

Question 402

Describe the circumstances under which a party can file a petition after a motion is denied, as per Section 3, Rule 64 of the Revised Rules of Court.

Answer 402

If a motion is denied, the aggrieved party can file a petition within the remaining period allowed by the rules.

EXPLANATION
After a motion is denied, the aggrieved party can file a petition within the remaining period allowed by the rules to seek a review or remedy. This provision ensures that parties have recourse if their motions are not granted, preserving their right to appeal or address the issue.

Question 403

Explain the significance of Section 3, Rule 64 of the Revised Rules.

Answer 403

Section 3, Rule 64 allows an aggrieved party to file a petition after a motion is denied, ensuring a legal recourse in case of unfavorable rulings.

EXPLANATION
Section 3, Rule 64 is crucial as it provides a procedural avenue for parties to seek review after a motion denial, safeguarding their right to challenge adverse decisions. This rule serves as a vital mechanism for upholding fairness and access to justice within the legal system.

Section 3, Rule 64 allows an aggrieved party to file a petition after a motion is denied, ensuring a legal recourse in case of unfavorable rulings.
EXPLANATION
Section 3, Rule 64 is crucial as it provides a procedural avenue for parties to seek review after a motion denial, safeguarding their right to challenge adverse decisions. This rule serves as a vital mechanism for upholding fairness and access to justice within the legal system.