Part I Flashcards

Question

Doctrine of ancillary (incidental) jurisdiction

Answer 1

Authority of an office or tribunal to do all things necessary for the administration of justice within the scope of its jurisdiction, and for the enforcement of its judgment and mandate. It is the power of every court to adopt such means and perform such acts necessary to carry its jurisdiction into effect.

Answer 2

One which precludes a court from interfering by injunction with the regular orders of a co-equal court.

Answer 3

Only applicable where the factual settings of the case are similar to that of Tijam v. Sibonghanoy.

Answer 4

A motion attacking a pleading, order, judgment, or proceeding. Sec. 8, Rules 15, Rules of Court

Answer 5

Seeking for the dismissal of a claim --> attacks a pleading

Answer 6

a. lack of jurisdiction over the subject matter b. litis pendencia c. res judicata d. prescription

Answer 7

Refers to the power of the courts to make decisions that are binding on persons. It is the legal power of the court to render a personal judgment against a party to an action or proceeding.

Answer 8

1. depends on whether the party is the plaintiff or the defendant 2. jurisdiction over the plaintiff is acquired as soon as he files his complaint or petition 3. jurisdiction over the person of the defendant in civil cases is acquired either by his voluntary appearance in court and his submission to its authority or by service of summons 4. voluntary appearance of the defendant (equivalent to service of summons according to Sec. 20, Rule 14, Rules of Court)

Answer 9

True. This can be countered by an explicit objection.

Answer 10

False. Sec. 20, Rule 14.

Answer 11

An action against a person on the basis of his personal liability.

Answer 12

An action against the thing itself.

Answer 13

The power of the court to try and decide the issues raised in the pleadings of the parties.

Answer 14

A disputed point or question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision.

Answer 15

1. by the allegations in the pleadings of the parties 2. by stipulation of the parties 3. by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings

Answer 16

True. This is Rule 34.

Answer 17

Question of law - when the doubt or difference arises as to what the law is on a certain set of facts Question of fact - when the doubt or difference arises as to the truth or falsehood of the alleged facts

Answer 18

Yes. When the defendant is out of the country and has a property in the Philippines.

Answer 19

1. by placing the property or thing under the court's custody (custodia legis) or constructive seizure 2. through statutory authority conferring upon it the power to deal with the property or thing 3. constructive seizure of the land through publication and service of notice (land registration case)

Answer 20

1. jurisdiction extends only to the value of the property over which its jurisdiction is based. If the proven claim exceeds the value of the property, the court has no authority to render a deficiency judgment 2. judgment will extend only to the property attached or its value (if award exceeds value, wala magagawa yung court -- in personam to quasi in rem)

Answer 21

1. generally questions of law. questions of fact are not entertained 2. can refer an appeal to the Court of Appeals if the certiorari submits issues of fact 3. when the findings of facts of the trial court and the reviewing court are conflicting, factual issues may be resolved by the SC 4. when the findings of the court below are grounded entirely on speculation, surmises or conjectures, SC may also resolve factual issues

Answer 22

In petitions for certiorari, prohibition, and mandamus against the a. Court of Appeals b. Commission on Elections c. Commission on Audit d. Sandiganbayan e. Court of Tax Appeals

Answer 23

In petitions for certiorari, prohibition, and mandamus against the a. Regional Trial Court b. Civil Service Commission c. Central Board of Assessment Appeals d. National Labor Relations Commission e. Other quasi-judicial agencies f. with the Court of Appeals and the Regional Trial Court in petitions for certiorari, prohibition, and mandamus against lower courts and bodies, and in petitions for quo warranto and habeas corpus g. with the Regional Trial Court in cases affecting ambassadors, public ministers, and consuls. *subject to hierarchy of courts

Answer 24

By way of petition for review on certiorari against the a. Court of Appeals b. Sandiganbayan c. Regional Trial Courts on pure questions of law and in cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court d. Court of Tax Appeals in its decisions rendered en banc

Answer 25

1. petition for certiorari 2. petition for prohibition 3. petition for mandamus 4. petition for quo warranto 5. petition for habeas corpus * #1-5 shall be in accordance with the applicable provisions of the Constitution and provisions of laws and the provisions of Rules 46, 48, 51 and 52 6. disciplinary proceedings against members of the judiciary and attorneys 7. cases affecting ambassadors, other public ministers, and consuls 8. petition for a writ of amparo 9. petition for a writ of habeas corpus 10.

Answer 26

False. Findings of facts of the Court of Appeals are not generally reviewable by the SC.

Answer 27

False. It is a factual issue. *only allowed if there is record before the Court to show that the CA committed grave reversible error in its factual review of the decision.

Answer 28

1. when the findings are grounded entirely on speculation, surmises or conjectures 2. when the interference made is manifestly mistaken, absurd, or impossible 3. when there is grave abuse of discretion 4. when the judgment is based on a misapprehension of facts 5. when the findings of facts are conflicting 6. when in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee 7. when the findings are contrary to the trial court 8. when the findings are conclusions without citation of specific evidence on which they are based 9. when the facts set forth in the petition, as well as in the petitioner's main and reply briefs, are not disputed by the respondent 10. when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record 11. when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, could justify a different conclusion

Answer 29

It shall have the effect of staying the execution of the judgment or final resolution sought to be reconsidered, unless the court otherwise directs for good reasons.

Answer 30

False. Sec. 2 of Rule 52: "x x x No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained."

Answer 31

petition for review on certiorari EXCEPT in criminal cases where the penalty imposed is death, reclusion perpetua, or life imprisonment

Answer 32

1. all cases involving the constitutionality of a treaty, international or executive agreement, or law 2. all cases which under the Rules of Court are required to be heard en banc 3. all cases involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations 4. cases heard by a division when the required number in the division is not obtained 5. cases involving a modification or reversal of a doctrine or principle of law laid down previously by the Supreme Court in a decision rendered en banc or by a division 6. cases involving the discipline of judges of lower courts 7. contests relating to the election, returns, and qualifications of the President or Vice-president

Answer 33

True. Only for the purpose of exercising administrative, ceremonial, or other non-adjudicatory functions.

Answer 34

1. exclusive original jurisdiction in actions for the annulment of the judgments of the RTC 2. concurrent and original jurisdiction with the SC to issue writs of certiorari, prohibition, and mandamus against a) RTC b) Civil Service Commission c) Central Board of Assessment Appeals d) other quasi-judicial agencies mentioned in Rule 43 and e) National Labor Relations Commission 3. exclusive appellate jurisdiction by way of ordinary appeal from the RTC and family courts 4. exclusive appellate jurisdiction by way of petition for review from the RTC rendered by the RTC in the exercise of its appellate jurisdiction 5. exclusive appellate jurisdiction by way of petition for review from the decisions, resolution orders or awards of the Civil Service Commission, and other bodies mentioned in Rule 43. 6. appeal on decisions of the Office of the Ombudsman in administrative disciplinary cases 7. appellate jurisdiction over decisions of Municipal Trial Courts in cadastral or land registration cases pursuant to its delegated jurisdiction

Answer 35

False. Used to be allowed but previously, the CA could issue these writs only in aid of its appellate jurisdiction.

Answer 36

False. Not anymore as per RA 9282 They are appealable to SC na but such decisions shall have been rendered by Court of Tax Appeals en banc.

Answer 37

True. Sec. 9 of BP 129: "x x x The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings x x x"

Answer 38

1. All civil actions in which the subject of the litigation is incapable of pecuniary estimation 2. All civil actions which involve title to, or possession of real property or an interest therein, where the assessed value of such property involved exceeds P20,000 outside Metro Manila, or for civil actions in Metro Manila where such value exceeds P50,000 * **Excepted from the above rule are actions for forcible entry and unlawful detainer of land or buildings, exclusive original jurisdiction over which is conferred upon the MTC. 3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds P300,000 outside Metro Manila, or in Metro Manila, where such demand or claim exceeds P400,000. 4. All matters of probate, both testate and intestate, where the gross value of the estate exceeds P300,000 outside Metro Manila or, in probate matters in Metro Manila, where such gross value exceeds P400,000. 5. In all actions involving the contract of marriage and marital relations **in areas where there are no Family Courts 6. All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions 7. All civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court (subject to RA 8369, law establishing Family Courts) and of the Court of Agrarian Relations as now provided by law. 8. All other cases in which the demand or the value of the property in controversy exceeds P300,000 outside Metro Manila, or in Metro Manila where the demand exceeds P400,000, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.

Answer 39

Because all cases, the jurisdiction of which is not specifically provided by law to be within the jurisdiction of any other court falls within the jurisdiction of the Regional Trial Court

Answer 40

1. with the Supreme Court in actions affecting ambassadors, other public ministers, and consuls 2. with the Supreme Court and the Court of Appeals in petitions for certiorari, prohibition, and mandamus against lower courts and bodies and in petitions for quo warranto and habeas corpus

Answer 41

1. over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions 2. The decisions of the Regional Trial Court in the exercise of its appellate jurisdiction shall be appealable by petition for review to the Court of Appeals. The appeal shall be given due course only when the petition shows prima facie that the lower court has committed an error of fact or law that would warrant a reversal or modification of the decision or judgment sought to be reviewed

Answer 42

Certain branches of the Regional Trial Court may be designated by the Supreme Court to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban and land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice.

Answer 43

original and exclusive jurisdiction to hear and decide the following cases: 1. Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the Commission. 2. Controversies arising out of intra-corporate or part-nership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation, partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity. 3. Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations; and 4. Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership or association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.

Answer 44

Generally, if it is primarily for the recovery of a sum of money, it is capable of pecuniary estimation. Jurisdiction over the action would then depend upon the amount of the claim. Where the basic issue is something other than the right to recover a sum of money, or the money claim is merely incidental to the principal relief, the action is incapable of pecuniary estimation. EXAMPLES OF ACTIONS INCAPABLE OF PECUNIARY ESTIMATION: a. an action for reformation of an instrument, rescission of a contract or an action for specific performance b. complaint for expopriation - does not involve recovery of money but deals with the exercise by the govt of its authority and right to take private property for public use c. action seeking to annul a resolution of a government-owned and controlled corporation d. an action to annul a Deed of Declaration of Heirs and for a partition of land with an assessed value of P5,000 WHERE the partition aspect is only incidental to the action for annulment e. an action for the annulment of an extrajudicial foreclosure sale of real property with an assessed value of P50,000 located in Laguna f. action for partition of a real property located in Taytay, Rizal and with an assessed value of P20,000 and in which the resolution involves the determination of hereditary rights g. An action for specific performance to compel the defendant to execute a deed of conveyance covering a parcel of land with an assessed value of P19,000.00 (because the main issue is whether or not there is a right to compel specific performance) h. action for writ of injunction i.

Answer 45

True. The ultimate objective must be inquired into. i.e. an action for reconveyance of real property will not be deemed one incapable of pecuniary estimation where the ultimate objective is to obtain title to the property

Answer 46

True. Thus, an action for specific performance and damages of P200,000.00 is cognizable by the Regional Trial Court even if the amount of damages sought to be recovered is within the jurisdiction of the Municipal Trial Court. Where however, the demand is in the alternative, as in an action to compel the defendant to deliver the house by completing its construction QL to pay the sum of P644.31, the action is one that is capable of pecuniary estimation. Thus, an action for specific performance or in the alternative, for damages in the amount of P180,000.00 is one capable of pecuniary estimation because of the alternative prayer which is for a sum of money. Here, the amount of damages is determinative of jurisdiction

Answer 47

Yes. The basis of jurisdiction is the value of the personal property sought to be recovered. The amount of P150 thousand falls within the jurisdiction of the MTC

Answer 48

Yes, if the subject matter is either real or personal property. If the subject of interpleader is real property, then the jurisdictional amount is determined by the assessed value of the land. If it be personal property, then the value of the property. However, if the subject matter of the case is the performance of an obligation, the subject matter is one incapable of pecuniary estimation and the MTC has no jurisdiction. Hence, an action for interpleader to determine who between the defendants is entitled to receive the amount of P190,000.00 from the plaintiff is within the jurisdiction of the MTC.

Answer 49

Also called 'coordinate' jurisdiction, is the power of different courts to take cognizance of the same subject matter.

Answer 50

a. Within their respective territorial jurisdictions, the Special Commercial Courts in the judicial regions where the violation of intellectual property rights occurred shall have concurrent jurisdiction to issue writs of search and seizure. b. Within their respective territorial jurisdictions, the Special Commercial Courts in the judicial regions where the violation of intellectual property rights occurred shall have concurrent jurisdiction to issue search warrants. c. The complaint shall be filed with the Department of Justice or the office of the prosecutor that has jurisdiction over the offense charged

Answer 51

exclusive original jurisdiction over the ff civil cases: 1. petitions for guardianship, custody of children and habeas corpus involving children 2. petitions for adoption for children and the revocation thereof 3. complaints for annulment of marriage, declaration of nullity of marriage and those relating to status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains 4. petitions for support and/or acknowledgment 5. summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the “Family Code of the Philippines" 6. petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination or restoration of parental authority and other cases cognizable under P.D. 603, E.O. 56 (series of 1986) and other related laws 7. petitions for the constitution of the family home 8. cases against minors cognizable under the Dangerous Drugs Act, as amended 9. violations of R.A. 7610, otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act 10. Cases of domestic violence against: a) women b) children * If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court **In areas where there are no Family Courts, the above-enumerated cases shall be adjudicated by the Regional Trial Court

Answer 52

1994 - an amount not exceeding P100,000 outside Metro Manila and not exceeding P200,000 in Metro Manila. 5 years after - an amount not exceeding P200,000 outside Metro Manila and not exceeding P400,000 in Metro Manila 5 years after - an amount not exceeding P300,000 outside Metro Manila and not exceeding P400,000 in Metro Manila *** currently used The jurisdictional amount referred to is the value of the personal property, estate, or amount of the demand involved in the civil action or proceedings

Answer 53

1. over civil actions where the value of the personal property, estate or amount of the demand does not exceed P300,000 outside Metro Manila or not more than P400,000 within Metro Manila 2. over probate proceedings, testate and intestate, where the gross value of the estate does not exceed P300,000.00 outside Metro Manila or, P400,000.00 within Metro Manila 3. A petition for probate of a will involving an estate valued at P200,000.00 falls under the jurisdiction of the MTC 4. to grant provisional remedies in proper cases. This rule presupposes that the MTC has jurisdiction over the principal action 5. over forcible entry and unlawful detainer cases 6. over civil actions involving title to or possession of real property, or any interest therein, where the assessed value of the property or interest therein does not exceed P20,000 outside Metro Manila or P50,000 in Metro Manila. The amounts mentioned are exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs

Answer 54

EDI WOW Although excluded in determining the jurisdiction of the court, the above items however, shall be included in the determination of the filing fees

Answer 55

Under the totality rule, where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions. The totality rule presupposes that the various claims of the same or different parties are allowed to be embodied in the same complaint or that the different causes of action which are joined accrue in favor of the same plaintiffs and against the same defendant/s and that no misjoinder of parties is involved. If so, then the total amount of the claims shall be the basis of the court’s jurisdiction and not the amount of the individual claims. This rule is applied in relation to the rules on permissive joinder of parties in Sec. 6 of Rule 3 and the rules on joinder of causes of action under Sec. 5 of Rule 2.

Answer 56

The RTC, in this case, has jurisdiction. If each debt is made the subject of a separate complaint, the MTC, by reason of the amount, has jurisdiction.

Answer 57

in cadastral and land registration cases covering lots where there is no controversy or opposition, or contested lots the value of which does not exceed P100,000.00, as may be delegated by the Supreme Court

Answer 58

to hear and decide petitions for a writ of habeas corpus in the absence of all the Regional Trial Court judges in the province or city

Answer 59

True. The assessed value of real property is the fair market value of the real property multiplied by the assessment level. It is synonymous to taxable value. The fair market value is the price at which a property may be sold by a seller, who is not compelled to sell, and bought by a buyer, who is not compelled to buy. The above rule excludes the real actions of forcible entry and unlawful detainer cases which are within the exclusive original jurisdiction of the MTC regardless of the assessed value of the property involved.

Answer 60

a. an ordinary civil proceeding to determine the better right of possession of realty independently of title b. also used to refer to an ejectment suit where the cause of dispossession is not among the grounds for forcible entry and unlawful detainer, or when possession has been lost for more than one year and can no longer be maintained under Rule 70 of the Rules of Court. The objective of the plaintiff in an accion publiciana is to recover possession only, not ownership c. plenary action for recovery of possession in an ordinary civil proceeding, in order to determine the better and legal right to possess, independently of title d. The objective of the plaintiffs in accion publiciana is to recover possession only, not ownership. However, where the parties raise the issue of ownership, the courts may pass upon the issue to determine who between the parties has the right to possess the property. This adjudication, however, is not a final and binding determination of the issue of ownership; it is only for the purpose of resolving the issue of possession where the issue of ownership is inseparably linked to the issue of possession. The adjudication of the issue of ownership, being provisional, is not a bar to an action between the same parties involving title to the property

Answer 61

A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: 1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ’27’ and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: a. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads: b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads; c. Officials of the diplomatic service occupying the position of consul and higher; d. Philippine army and air force colonels, naval captains, and all officers of higher rank; e. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher; f. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; g. Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations. 2. Members of Congress and officials thereof classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989 3. Members of the judiciary without prejudice to the provisions of the Constitution 4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution 5. All other national and local officials classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989 B. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section in relation to their office. C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

Answer 62

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Answer 63

1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue 2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial 3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction 4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs 5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals 6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Sec. 2315 of the Tariff and Customs Code 7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under R.A. 8800, where either party may appeal the decision to impose or not to impose said duties

Answer 64

1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges and penalties: Provided, however, That collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (PI,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court, and Regional Trial Court. 2. Exclusive appellate jurisdiction in tax collection cases: a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction. b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, in their respective jurisdictions.

Answer 65

RULE 43 Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law. (n)

Answer 66

Created to recognize the legal system of the Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more effective.

Answer 67

a. Shari'a District Courts b. Shari'a Circuit Courts Art. 137, PD 1083

Answer 68

1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code 2. All cases involving disposition, distribution and settlement of the estate of the deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property 3. Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code 4. All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations 5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction

Answer 69

1. Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum 2. All other personal and real actions not mentioned in paragraph (d) of the immediately preceding topic, wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; 3. All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims

Answer 70

1. Shari’a District Courts shall have appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within their territorial jurisdiction. 2. The Shari’a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit

Answer 71

1. All cases involving offenses defined and punished under this Code. 2. All civil actions and proceedings between parties who are Muslims or have been married in accordance with Art. 13 involving disputes relating to: a. marriage b. divorce recognized under the Code (PD 1083) c. betrothal or breach of contract to marry d. customary dower (mahr) e. disposition and distribution of property upon divorce f. maintenance and support, and consolatory gifts g. restitution of marital rights 3. All cases involving disputes relative to communal properties.

Answer 72

RULING: The CA doesn't have jurisdiction over the cases emanated from the SDC. The Shariah Appellate Court shall exercise appellate jurisdiction over petitions for certiorari and decisions of the Shariah Courts. On the other hand, the SC found the SDC gravely abused its discretion when it denied Lomondot's motion for an issuance of writ of demolition. It is true that an execution of judgment may be postponed by a supervening event. A supervening event consists of facts that transpire AFTER the judgment became final and executory, including matters that the parties were not aware of prior to or during the trial because such matters were not yet in existence at that time. In this case, the matter of whether respondents' houses intruded petitioners' land is the issue in the recovery of possession compliant filed by petitioners in the SDC which was already ruled upon, this cannot be considered a supervening event that would postpone an execution of judgment.

Answer 73

The grant of authority to inferior courts to hear and determine cadastral and registration cases under certain conditions

Answer 74

Court's jurisdiction only for a particular purpose or courts that are clothed with special powers for the performance of specified duties beyond which they have no authority of any kind.

Answer 75

Limited jurisdiction is a type of jurisdiction conferred on courts with legal authority restricted to specific subjects, cases or persons. Examples of limited jurisdiction courts include family courts, traffic courts, probate courts and military courts.

Answer 76

1. Under the doctrine of primary jurisdiction, courts cannot and will not resolve a controversy involving a question within the jurisdiction of an administrative tribunal, especially when the question demands the sound exercise of administrative discretion requiring special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact. The court cannot arrogate unto itself the authority to resolve a controversy, the jurisdiction of which is initially lodged with the administrative body of special competence. In other words, if a case is such that its determination requires the expertise, specialized training, and knowledge of an administrative body, relief must first be obtained in an administrative proceeding before resort to the court is had even if the matter may well be within the latter’s proper jurisdiction. 2. The objective of the doctrine of primary jurisdiction is to guide the court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some question or some aspect of some question arising in the proceeding before the court. In Nestle, the Court declared: “It is not for th[e] Court to intrude, at this stage of the rehabilitation proceedings, into the primary administrative jurisdiction of the SEC on a matter requiring its technical expertise. Pending a decision of the SEC on SEC En Banc Case No. 12-09-183 and SEC En Banc Case No. 01-10-193, which both seek to resolve the issue of whether the rehabilitation proceedings in this case should be terminated, [th]e [Court] [is] constrained to dismiss th[e] petition for prematurity.” 3. Examples: (a) The Supreme Court recognized that the MWSS was in the best position to evaluate and decide which bid for a waterworks project was compatible with its development plan (Concerned Officials of the MWSS v. Vasquez, 240 SCRA 502); (b) The Civil Service Commission is better equipped in handling cases involving the employment status of employees as it is within its field of expertise(Paloma v. Mora, 470 SCRA 711); (c) The court upheld the primary jurisdiction of the Department of Agrarian Reform Adjudicatory Board (DARAB) in an agrarian dispute over the payment of back rentals under a leasehold contract (Machete v. Court of Appeals, 250 SCRA 176). The Department of Agrarian Reform (DAR) is vested with primary jurisdiction to determine and adjudicate agrarian reform matters, with exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture and the Department of Environment and Natural Resources (Cubero v. Laguna West Multi-Purpose Cooperatives, Inc., 509 SCRA 410). It is settled that findings of fact of quasi-judicial bodies, which have acquired expertise because their jurisdiction is confined to specific matters, are generally accorded not only respect, but also finality, especially when affirmed by the Court of Appeals (Shinryo [Philippines] Company, Inc. v. RRN Incorporated, 634 SCRA 123, 130, October 20, 2010). 4. The doctrine of primary jurisdiction will not apply where the matter involved is a purely legal question which will be ultimately resolved by a court of justice

Answer 77

Residual jurisdiction refers to the authority of the trial court to issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal; to approve compromises; to permit appeals by indigent litigants; to order execution pending appeal in accordance with Section 2, Rule 39; and to allow the withdrawal of the appeal, provided these are done prior to the transmittal of the original record or the record on appeal, even if the appeal has already been perfected or despite the approval of the record on appeal or in case of a petition for review under Rule 42, before the CA gives due course to the petition. > They are powers which the trial court retains even after the perfection of the appeal > For example: X was charged and convicted with a crime so he filed a notice of appeal. If he wants to put up bail, where should he file his application? If the records of the case have not been transmitted to the appellate court, X can file the application with the trial court. However, once the records have been transmitted to the appellate court, the trial court loses his jurisdiction over the bail application.

Answer 78

No, if the decision of the trial court upgraded the offense from non-bailable to bailable, the application should be filed with and could only be resolved by the appellate court.

Answer 79

a. trial b. judgment c. appeal Available at a stage in which the court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the appeal. This stage is reached upon the perfection of the appeals by the parties or upon the approval of the records on appeal, but prior to the transmittal of the original records or the records on appeal. In either instance, the trial court still retains its so-called residual jurisdiction to issue protective orders, approve compromises, permit appeals of indigent litigants, order execution pending appeal, and allow the withdrawal of the appeal. From the foregoing, it is clear that before the trial court can be said to have residual jurisdiction over a case, a trial on the merits must have been conducted; the court rendered judgment; and the aggrieved party appealed therefrom.

Answer 80

The power of the court to resolve issues presented in a case in accordance with the natural rules of fairness and justice in the absence of a clear, positive law governing such issues.

Answer 81

Equity is not to be applied in all cases. Equity does not apply when there is a law applicable to a given case. For all its conceded merits, equity is available only in the absence of law and not as replacement. It cannot supplant, although it may, as it often happens, supplement the law. It is availed of only in the absence of a law and is never availed of against statutory law or judicial pronouncements.

Answer 82

A legal innovation devoid of many procedural technicalities through which the wronged or those seeking redress from the Courts may channel their concerns to the courts by way of informal documentation such as letters, telegrams, and newspaper articles, amongst others. Similarly, epistolary jurisdiction is considered to be an innovation through liberal interpretation of the locus standi where any person can apply to the Court on behalf of those who are economically or physically unable to come before it or are unaware of their legal entitlements. In India particularly, where the term was first coined, the Court has allowed actions to be brought on their behalf by social activists and lawyers. Judges, themselves have in some cases initiated suo moto action based on newspaper articles or letters. It jurisdiction is a response to the need to make the judicial process more accessible to poor, down trodden, socially and economically disadvantaged sections of the society.

Answer 83

A situation where the law seemingly provides appellate remedies to different courts. This is against public policy because it encourages forum shopping and conflicting rulings between court).

Answer 84

The 1987 Constitution expanded the concept of judicial power by granting the courts the power to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government (Article VIII, Section 1). This is commonly called the expanded power of judicial review or the so-called certiorari jurisdiction of the courts. This expanded jurisdiction has been used by practitioners as a tool to indiscriminately appeal cases to the Supreme Court. A quick survey on the reported cases decided by the SC would show that even ejectment cases and those involving infractions of municipal ordinances are being elevated all the way to the SC for review, alleging grave abuse of discretion amounting to lack or excess of jurisdiction on the part of lower courts. The elevation of cases to the high court under this expanded concept of judicial review unnecessarily clogs its dockets. It curtails the SC’s function in dispensing justice.

Answer 85

Refers to the power that the trial court, in the exercise of its original jurisdiction, may still validly exercise even after perfection of an appeal. It follows that such powers are not possessed by an appellate court.

Answer 86

A formal demand of one's legal rights in a court of justice in a manner prescribed by the court for by the law. It is governed by ordinary rules.

Answer 87

One by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. May be ordinary or special.

Answer 88

Contains special features not found in ordinary civil actions. It is also governed by special rules (Rules 62-71) but the rules for regular actions apply suppletorily.

Answer 89

One by which the State prosecutes a person for an act or omission punishable by law.

Answer 90

A remedy by which a party seeks to establish a status, a right, or a particular fact.

Answer 91

A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the dated of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court.

Answer 92

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

Answer 93

False. EVERY ordinary civil action must be based on a cause of action.

Answer 94

A cause of action is the act or omission by which a party violates a right of another.

Answer 95

False. A party may NOT institute more than one suit for a single cause of action.

Answer 96

a. the party joining the causes of action shall comply with the rules on joinder of parties b. the joinder shall not include special civil actions or actions governed by special rules c. where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein d. Where the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction

Answer 97

False. Misjoinder of causes of action is NOT a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately.

Answer 98

Only natural or juridical persons, or entities authorized by law may be parties in a civil action.

Answer 99

The term "plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) — party plaintiff. The term "defendant" may refer to the original defending party, the defendant in a counter-claim, the cross-defendant, or the third (fourth, etc.) — party defendant.

Answer 100

A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.

Answer 101

A representative may be a trustee of an expert trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal.

Answer 102

a. civil action b. criminal action c. special proceeding

Answer 103

Permissive Joinder of Parties - 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, whether jointly, severally, or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. Compulsory Joinder of Indispensable Parties - Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants. - An indispensable party is a real party in interest without whom no final determination can be had of an action. (Sec. 7) Without the presence of this party, the judgment cannot attain real finality. - A person is not an indispensable party, however, if his interest in the controversy or subject matter is separable from the interest of the other parties, so that it will not necessarily be directly or injuriously affected by a decree which does complete justice between them. Also, a person is not an indispensable party if his presence would merely permit complete relief between him and those already parties to the action, or if he has no interest in the subject matter of the action. It is not a sufficient reason to declare a person to be an indispensable party that his presence will avoid multiple litigation. In a joint obligation for instance, the interest of one debtor is separate and distinct from that of his co-debtor and a suit against one debtor does not make the other an indispensable party to the suit.

Answer 104

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

Answer 105

When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest.

Answer 106

Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with his duty shall be a ground for disciplinary action. The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period, the court may order the opposing party, within a specified time to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs.

Answer 107

When a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor if, within thirty (30) days after the successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his predecessor. Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be heard.

Answer 108

If a party becomes incompetent or incapacitated, the court, upon motion with notice, may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem.

Answer 109

When the action is for recovery of money arising from contract, express or implied, and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death, it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person.

Answer 110

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated.

Answer 111

Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated.

Answer 112

All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.

Answer 113

If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.

Answer 114

(a) In those cases where a specific rule or law provides otherwise; or (b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.

Answer 115

BALIKAN KITA

Answer 116

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

Answer 117

The complaint is the pleading alleging the plaintiff's or claiming party's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

Answer 118

An answer is a pleading in which a defending party sets forth his or her defenses.

Answer 119

Defenses may either be negative or affirmative. (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action. (b) 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. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. - may also include grounds for the dismissal of a complaint, specifically that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment.

Answer 120

A counterclaim is any claim which a defending party may have against an opposing party.

Answer 121

A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counter-claim may be considered compulsory regardless of the amount. A COMPULSORY COUNTERCLAIM NOT RAISED IN THE SAME ACTION IS BARRED, UNLESS OTHERWISE ALLOWED BY THESE RULES.

Answer 122

A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may cover all or part of the original claim.

Answer 123

A counter-claim may be asserted against an original counter-claimant. A cross-claim may also be filed against an original cross-claimant.

Answer 124

All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document. In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.

Answer 125

A third (fourth, etc.) — party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) — party defendant for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim. The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where: (a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave; (b) matters extraneous to the issue in the principal case are raised; or (c) the effect would be to introduce a new and separate controversy into the action.

Answer 126

A third (fourth, etc.) — party defendant may allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the third (fourth, etc.) — party plaintiff may have against the original plaintiff's claim. In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the latter's claim against the third-party plaintiff.

Answer 127

(1) p: a submission of claims or defenses for appropriate judgment m: an application for an order not included in the judgment (2) p: may be initiatory m: cannot be initiatory as motions are made in a case already filed in court (3) p: must be written m: may be oral when made in open court or in the course of a hearing or a trial (4) p: must be filed before judgment m: may be filed after judgment

Answer 128

1. complaint - pleading alleging the plaintiff's cause or causes of action 2. answer - a pleading in which a defending party sets forth his defenses - may be an answer to a complaint, a counterclaim or a cross-claim 3. counterclaim - any claim, which a defending party may have against an opposing party * when a defendant files a counterclaim against the plaintiff, he becomes the plaintiff in the counterclaim and the original plaintiff becomes the defendant - may be compulsory or permissive 4. cross-claim - any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein 5. third (fourth, etc. - party complaint) - a claim that a defending party may, with leave of court, file against a person not a party to the action for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim. 6. complaint-in-intervention - a legal proceeding by which a person who is not a party to the action is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirements of the Rules of Court - if the purpose of the motion for intervention is to assert a claim against either or all of the original parties, the pleading shall be called a complaint-in-intervention 7. reply - a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters

Answer 129

(1) cc: shall be contained in the answer. If not set up, it shall be barred pc: may be set up as an independent action and will not be barred if not contained in the answer to the complaint (2) cc: not an initiatory pleading pc: an initiatory pleading (3) cc: does not require certification of forum shopping pc: should be accompanied by a certification against forum shopping and whenever required by law, a certificate to file action issued by Lupong Tagapamayapa (4) cc: a compulsory counterclaim that merely reiterates special defenses are deemed controverted even without a reply pc: must be answered by the party against whom it is interposed otherwise, he may be declared in default as to the counterclaim (5) cc: issues raised in a counterclaim are deemed automatically joined by the allegations of the complaint, which need not be answered pc: the answer must be made within 10 days from service (6) cc: one which arises out or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party's claim pc: it does not arise out of nor is it necessarily connected with the subject matter of the opposing party's claim (7) cc: no requirement for the presence of third parties whom the court cannot acquire jurisdiction over for its adjudication pc: may require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction (8) cc: not required pc: requires docket fees (9) cc: failure to answer is not ground to be declared in default pc: must be answered by the party against whom it is interposed. otherwise, the party may be declared in default

Answer 130

1. arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party's claim 2. it does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction 3. the court has jurisdiction over the amount and nature of the case 4. it must be cognizable by the regular courts of justice 5. it is already in existence at the time that the defending party files his answer

Answer 131

1. Are the issues of fact or law raised by the claim and the counterclaim largely the same? 2. Would res judicata bar a subsequent suit on defendant's claim absent the compulsory counterclaim rule? 3. will substantially the same evidence support or refute plaintiff's claim as well as defendant's counterclaim? 4. is there any logical relation between the claim and the counterclaim? affirmative answers to the above queries indicate the existence of a compulsory counterclaim

Answer 132

True. Xpn: A counterclaim not set up because of the pleader's oversight, inadvertence, excusable neglect or when justice requires, may be set up, by leave of court by amendment of the pleadings before judgment. If a compulsory counterclaim matures or was acquired by a party after serving his answer, the compulsory counterclaim is not deemed barred and may be pleaded by filing a supplemental answer or pleading before judgment.

Answer 133

MTC: must be within the court's jurisdiction both as to the nature and to the amount of the claim RTC: may be deemed compulsory regardless of the amount but it must be within its jurisdiction as to nature

Answer 134

False. Not anymore.

Answer 135

If any of the elements of a compulsory counterclaim is absent.

Answer 136

That is a negative defense. You said I borrowed money from you. “No, I don’t even know you. I have not seen you before.” He denies the existence of the loan. That is known as the negative defense. It is a denial of a material fact which constitutes the plaintiff’s cause of action. That’s why it is briefly called a “Defense of Specific Denial”.

Answer 137

Negative pregnant is a denial in such form as to imply or express an admission of the substantial fact which apparently is controverted. It is form of denial which really admits the important facts contained in the allegations to which it relates. While it is a denial in form, its substance actually has the effect of an admission because of a too literal denial of the allegations sought to be denied. This arises when the pleader merely repeats the allegations in a negative form.

Answer 138

Negative pregnant

Answer 139

Affirmative

Answer 140

fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.

Answer 141

Affirmative

Answer 142

1. caption - name of the court - title of the action (name of the parties) - docket # if assigned 2. body - designation, allegations of the party's claims or defenses, relief prayed for, date of pleading a. paragraphs (allegations) b. headings (first/second cause of action...answer to first/second cause of action) c. relief d. date 3. signature and address 4. verification - a pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a special power of attorney, should be attached to the pleading, and shall allege the following attestations: a. the allegations in the pleading are true and correct based on his or her personal knowledge, or based on authentic documents b. the pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation c. the factual allegations therein have evidentiary support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery. 5. certification against forum shopping a. that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein b. if there is such other pending action or claim, a complete statement of the present status thereof c. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) calendar days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed 6. contents - every pleading stating a party’s claims or defenses shall, in addition to those mandated by Section 2, Rule 7, state the following: a. names of witnesses who will be presented to prove a party’s claim or defense b. summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said witnesses shall be attached to the pleading and form an integral part thereof. Only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial. Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court c. documentary and object evidence in support of the allegations contained in the pleading.

Answer 143

An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails promptly report to the court a change of his address, shall be subject to appropriate disciplinary action. 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.

Answer 144

Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

Answer 145

(1) v: non-compliance or a defect therein does not necessarily render the pleading fatally defective. The court may order its submission, correction or act on the pleading depending on the attending circumstances c: non-compliance or a defect therein, is generally not curable by its subsequent submission or correction thereof, unless there is a need to relax the Rule on the ground of "substantial compliance" or presence of "special circumstances or compelling reasons" (2) v: substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complaint signs the verification c: must be signed by all the plaintiffs in a case; those who did not sign will be dropped as parties; under justifiable circumstances, however, as when all the plaintiffs or petitioners share a common interest and invoke a common cause of action or defense, the signature of only one of them substantially complies with the Rule

Answer 146

1) Rule 8 – when you deny the due execution of an actionable document; 2) Summary Rules – all pleadings under summary rules should be verified; 3) Special Civil Actions – petitions for certiorari, prohibition and mandamus. 4) Statement of Claim for Small Claims cases as well as the response thereto (Secs. 5 & 11, Procedure for Small Claims Cases) 5) Complaint for Injunction (Sec. 4 R 58) 6) Application for Appointment of Receiver (Sec. 1 R 59) 7) Application for Support Pendente Lite (Sec. 1 R 69) 8) Petition for Forcible Entry or Unlawful Detainer, the answers thereto, and the answers to any compulsory counterclaim and cross-claim pleaded in the answer (Sec. 4 R 70) 9) Petition for Indirect Contempt (Sec. 4 R 71) 10) Petition for Relief from Judgment or Order (Sec. 3 R 38) 11) Petition for Review from the RTC to the SC (Sec. 2(c) R 41) 12) Petition for Review from RTC to SC (Sec. 1 R 42) 13) Petition for Review from CTA and other quasi-judicial agencies to the CA (Sec. 5 R 43) 14) Appeal by Certiorari Under R 45 from CA to SC (Sec. 1 R 45) 15) Petition for Appointment of a Guardian (Sec. 2 R 93) 16) Petition for Leave filed by Guardian to Sell or Encumber Property of an Estate (Sec. 1 R 95) 17) Petition for Declaration of Competency of a Ward (Sec. 1 R 97) 18) Petition for Habeas Corpus (Sec. 3 R 102) 19) Petition for Change of Name (Sec. 2 R 103) 20) Petition for Voluntary Judicial Dissolution of a Corporation (Sec. 1 R 105) 21) Petition for Cancellation or Correction of Entries in the Civil Registrar (Sec. 1 R 108)

Answer 147

True. If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated.

Answer 148

1. Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts, including the evidence on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts. If a cause of action relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. 2. A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. 3. In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. 4. Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of person that is made a party, must be averred. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. 5. In all averments of fraud or mistake the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge, or other condition of the mind of a person may be averred generally. 6. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. An authenticated copy of the judgment or decision shall be attached to the pleading. 7. Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading. 8. When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath specifically denies them, and sets forth what he claims to be the facts, but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. 9. In pleading an official document or official act, it is sufficient to aver that the document or the act was issued or the act done in compliance with law. 10. A defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made to the complaint, he shall so state, and this shall have the effect of a denial. 11. Material averments in a pleading asserting a claim or claims, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath. 12. Affirmative Defenses 13. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion made by a party within twenty (20) calendar days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order any pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.

Answer 149

Important and substantial facts which form the basis of the primary right of the plaintiff and which make up the wrongful act or omission of the defendant.

Answer 150

1. evidentiary or immaterial facts 2. legal conclusions, conclusions or inferences of facts not stated, or incorrect inferences or conclusions from facts stated 3. the details of probative matter or particulars of evidence, statements of law, inferences and arguments 4. an allegation that a contract is valid or void is a mere conclusion of law

Answer 151

Those which are necessary to prove the ultimate fact or which furnish evidence of the existence of some other facts

Answer 152

A document is actionable when an action or defense is grounded upon such written instrument or document

Answer 153

1. Set forth in the pleading the substance of the instrument or the document and to attach the original or the copy of the document to the pleading as an exhibit and which shall form part of the pleading 2. Set forth in the pleading said copy of the instrument or document

Answer 154

1. by specific denial under oath | 2. by setting forth what is claimed to be the facts

Answer 155

They are deemed waived. However, when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim.

Answer 156

the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. * A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial. * A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice.

Answer 157

When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented.

Answer 158

This cannot be done because the defense of payment is deemed waived because you did not raise it in your answer. In other words, the court never acquired jurisdiction over the issue. So, there is no such thing as a surprise defense because the defense must be pleaded. If you want to surprise the plaintiff during the trial by not raising your defense in your answer, you will be the one who will be surprised because the court will not allow you. When the parties go to court, the plaintiff already knows what are the defenses. They are already in the answer.

Answer 159

A: Under Section 1, Rule 9, the following: 1. ) That the court has no jurisdiction over the subject matter; 2. ) That there is another action pending between the same parties for the same cause (litis pendentia); 3. ) That the action is barred by prior judgment (res adjudicata); and 4. ) That the action is barred by statute of limitation (prescription). Take note that the exceptions can be raised at any time during or after the trial, or even for the first time on appeal. In other words, the court shall dismiss the claim if any of the foregoing grounds appears from the pleadings or the evidence on record. These defenses may be raised at any stage of the proceedings even for the first time on appeal EXCEPT that lack of jurisdiction over the subject matter may be barred by laches.

Answer 160

Procedural concept when the defending party fails to file his ANSWER within the reglementary period. It does not occur from the failure of the defendant to attend either the pre-trial or the trial.

Answer 161

False. If it has been filed within the reglementary period, it amounts to a waiver of the defendant's right to object to the evidence presented during such hearings and to cross-examine the witness presented.

Answer 162

1. Summons has been validly and previously served upon him 2. Defendant fails to answer within the time allowed 3. There must be proof of such failure to answer 4. There must be a motion to declare the defendant in default a. notice to the defendant by serving upon him a copy of such motion b. hearing of the motion to declare the defendant in default

Answer 163

1. Before judgment, motion under oath to set aside order of default when failure to answer is based on fraud, accident, mistake, excusable negligence and the defendant has a meritorious defense 2. Before judgment becomes final and executory, motion for new trial 3. When judgment is final and executory, petition for relief 4. Appeal judgment rendered against him as contrary to evidence or law 5. Petition for certiorari to declare nullity of judgment by default

Answer 164

(1) od: issued by the court upon plaintiff's motion for failure of the defendant to file his responsive pleading within the reglementary period jd: rendered by a court after a default order has been issued or after it has received, ex parte, plaintiff's evidence (2) od: interlocutory order - not appealable through ordinary appeal jd: final order - appealable

Answer 165

False. Every pleading and other written submissions to the court must be signed by the party or counsel representing him or her.

Answer 166

The signature of counsel constitutes a certificate by him or her that he or she has read the pleading and document; that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: 1. It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation 2. The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing jurisprudence 3. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availment of the modes of discovery under these rules 4. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. If the court determines, on motion or motu proprio and after notice and hearing, that this rule has been violated, it may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party that violated the rule, or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate, or employee. The sanction may include, but shall not be limited to, non-monetary directive or sanction; an order to pay a penalty in court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation, including attorney’s fees for the filing of the motion for sanction. The lawyer or law firm cannot pass on the monetary penalty to the client.

Answer 167

Section 12. Affirmative defenses. a. A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds: 1. that the court has no jurisdiction over the person of the defending party 2. that venue is improperly laid 3. that the plaintiff has no legal capacity to sue 4. that the pleading asserting the claim states no cause of action 5. that a condition precedent for filing the claim has not been complied with b. Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. c. The court shall motu proprio resolve the above affirmative defenses within thirty (30) calendar days from the filing of the answer. d. As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court may conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such affirmative defenses shall be resolved by the court within thirty (30) calendar days from the termination of the summary hearing. e. Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits.

Answer 168

party in default shall be entitled to notices of subsequent proceedings but shall not take part in the trial.

Answer 169

A party declared in default may at any time after notice thereof and before judgment, file a motion under oath to set aside the order of default upon proper showing that his or her failure to answer was due to fraud, accident, mistake or excusable negligence and that he or she has a meritorious defense. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice.

Answer 170

If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer, the court shall order the Solicitor General or his or her deputized public prosecutor, to investigate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated. 1. annulment of marriage 2. declaration of nullity of marriage 3. legal separation 4. special civil actions of certiorari, prohibition and mandamus where comment instead of an answer is required to be filed 5. summary procedure

Answer 171

False. A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) calendar days after it is served.

Answer 172

Except as provided in the next preceding Section, substantial amendments may be made only upon leave of court. But such leave shall be refused if it appears to the court that the motion was made with intent to delay or confer jurisdiction on the court, or the pleading stated no cause of action from the beginning which could be amended. Orders of the court upon the matters provided in this Section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.

Answer 173

False. 10 calendar days

Answer 174

When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed.

Answer 175

n amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be offered in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.

Answer 176

1. exceed the amount prayed for 2. be different in kind from that prayed for 3. award unliquidated damages

Answer 177

(1) f: act of presenting the pleading or other paper to the clerk of court s: act providing a party with a copy of the pleading or paper concerned (2) f: modes - personally to the CoC; sending them by registered mail s: judgment, pleadings, and orders are served to counsel EXCEPT 1) when he has no counsel; 2) when counsel of record can't be located 3) when party himself is directed by court to show cause (contempt) * if represented by 2 counsels, notice may be served upon both or either of them MODES: personally; mail; substituted service

Answer 178

Vests the court with jurisdiction over the subject matter

Answer 179

False. Cannot be cured by amendment.

Answer 180

False. It does not automatically cause the dismissal as long as the fee is paid within the applicable prescriptive or reglementary period, more so when the party involved demonstrates a willingness to abide by the rules prescribing such payment.

Answer 181

PERSONAL SERVICE - upon actual delivery ORDINARY MAIL - upon expiration of 10 days after mailing REGISTERED MAIL - upon actual receipt by the addressee or 5 days from the date he received first notice from postmaster SUBSTITUTED SERVICE - at the time of such delivery of the copy to the clerk of court

Answer 182

Proper where there is an event that was not alleged in the pleadings due to inadvertence, oversight, etc. but happened before its filing.

Answer 183

False. Only ones made before the trial court, not before the CA.

Answer 184

Yes. Mandamus.

Answer 185

1. If the amendment is substantial | 2. A responsive pleading had already been served

Answer 186

It can substantially alter the cause of action or the defenses with leave of court.

Answer 187

1. when cause of action, defense or theory of the case is changed 2. amendment is intended to confer jurisdiction to the court 3. amendment to cure a premature or non-existing cause of action 4. amendment for purposes of delay

Answer 188

A defect in the designation of the parties and other clearly clerical or typographical errors which may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided so prejudice is caused thereby to the adverse party.

Answer 189

1. When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of pleadings as may be necessary to cause them to conform to the evidence may be made upon motion of party at any time, even after judgment. But failure to amend does not affect the result of the trial of these issues. 2. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended. It shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be served thereby. The court may grant a continuance to enable the amendment to be made. This also covers situations where a complaint insufficiently states the cause of action. Such insufficiency may be cured by evidence presented during the trial without objection. However, this is applicable only if a cause of action in fact exists at the time the complaint is filed, but the complaint is defective for failure to allege the essential facts.

Answer 190

1) adding an allegation of a party 2) adding the name or substituting a party 3) striking out an allegation of a party; 4) striking out the name of a party; 5) correcting a mistake in the name of a party; and 6) correcting a mistake or inadequate allegation or description in any other respect.

Answer 191

FIRST, there are two types of amendment of pleadings under the rules: 1) An amendment as a matter of right; or 2) An amendment as a matter of judicial discretion SECOND, an amendment could be 1) a formal amendment; or 2) a substantial amendment

Answer 192

AMENDMENT AS A MATTER OF RIGHT simply means that the party has the unconditional action or right to amend his pleading. The court has no right to prevent him from amending. The opposite party has no right to oppose the amendment. If the court refuses to admit the amended pleading such refusal is correctible by mandamus. AMENDMENT AS A MATTER OF JUDICIAL DISCRETION simply means that the court may or may not allow the amendment. So the other party has the right to oppose. This is also known as amendment by leave of court.

Answer 193

A: At any time a responsive pleading is served to the complaint. Meaning, at any time before the defendant has filed his answer, the plaintiff may change his complaint at any time. He may change it in any manner, substantially or formally. Q: How about the defendant? Suppose he wants to change his answer, when is his right absolute or as a matter of fact right? A: At any time before a reply by the plaintiff is filed or before the expiration of the period to file a reply because a reply may or may be not be filed.

Answer 194

A: Yes, there is a second instance, when the amendment is FORMAL IN NATURE as found in Section 4: Sec. 4. Formal amendments. - A defect in the designation of the parties and other clearly clerical or typographical errors may besummarily corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. (4a) When the amendment is fairly formal, it can be done anytime. As a matter of fact it can be summarily corrected by the court at any stage of the action, upon motion or even without motion because anyway that is a harmless correction. NOTE: Change of amount of damages is only formal because there is no change in the cause of action.

Answer 195

A: Based on established jurisprudence, the court should always allow the amendment because of the liberal policy of the rules. Amendments of pleadings should be liberally allowed in order that the real merits of the case can be ventilated in court without regard to technicalities. So the court will always lean on allowing a pleading to be amended. That is the liberal policy.

Answer 196

It DEPENDS upon the nature of the amendment: a. ) If the amendment introduces a new and different cause of action, then the prescriptive period isdeemed interrupted upon the filing of the amended complaint; b. ) But where the amendment has not altered or changed the original cause of action, no different cause of action is introduced in the amended complaint, then the interruption of the prescriptive period retroacts on the date of the filing of the original complaint. EXAMPLE: I will file today a case for damages arising from quasi-delict. And then one or two months from now I will amend my complaint from damages arising from culpa aquiliana to damages arising from culpa contractual. Is that a different cause of action? Yes, so the prescriptive period for culpa contractual is deemed filed next month, not this month, because that is a different cause of action. EXAMPLE: But suppose I file a case against you for culpa aquiliana, and my claim is one million. Next month I amend my complaint for damages from one million pesos to two million pesos. Did I change my cause of action? No, it is still the same cause of action—culpa aquiliana. Therefore, the prescriptive period is deemed interrupted as of the date of the filing of the original complaint.

Answer 197

``` 1ST PART: refers to amendment to conform to evidence when issues NOT raised by the pleadings are tried with the express or implied consent of the parties - but failure to amend does NOT affect the result of the trial of these issues 2ND PART: refers to amendment to authorize presentation of evidence if evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings. ```

Answer 198

``` 1. Admissions in the superseded pleading can still be received in evidence against the pleader; 2. Claims or defenses alleged therein but not incorporated or reiterated in the amended pleading are deemed waived. The amended or superseded, original pleading is not expunged but remains on the record although the admission of the amended pleading amounts to withdrawal of the original pleading. ```

Answer 199

supplemental pleading is one which avers facts occurring after the filing of the original pleadings and which are material to the matured claims and/or defenses therein alleged.

Answer 200

(1) ap: refers to facts existing at the time of the commencement of the action sp: refers to facts arising after the filing of the original pleading (2) ap: takes the place of the original pleading sp: taken together with the original pleading (3) ap: can be made as a matter of right as when no responsive pleading has yet been filed sp: always with leave of court (4) ap: when an amended pleading is filed, a new copy of the entire pleading must be filed sp: does not require the filing of a new copy of the entire pleading (5) ap: an answer earlier filed may serve as the answer to the amended pleading sp: the filing of an answer is not mandatory

Answer 201

1. Answer to complaint - 30 calendar days after service of summons unless a different period is fixed by the court 2. Defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same - 60 calendar days after receipt of summons 3. When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within thirty (30) calendar days after being served with a copy thereof. Where its filing is not a matter of right, the defendant shall answer the amended complaint within fifteen (15) calendardays from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)-party complaint, and amended complaint-in-intervention. 4. Answer to counterclaim or cross-claim - within 20 calendar days from service 5. Answer to third-party complaint - 30 calendar days after service of summons unless a different period is fixed by the court 6. Reply - A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15) calendar days from service of the pleading responded to. 7. Answer to supplemental complaint - within twenty (20) calendar days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. 8. Extension of time to file answer - A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer. A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by these Rules.

Answer 202

A bill of particulars is a more definite statement of any matter which is not averred with sufficient definiteness or particularity in a pleading so as to enable the opposing party to prepare his responsive pleading.

Answer 203

The motion shall be filed before responding to a pleading. Hence, it must be filed within the period granted by the Rules (R11) for the filing of a responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) calendar days from service thereof

Answer 204

1. The defects complained of 2. The paragraphs wherein they are contained 3. The details desired

Answer 205

To aid in the preparation of a responsive pleading

Answer 206

If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party.

Answer 207

If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just.

Answer 208

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

Answer 209

Service is the act of providing a party with a copy of the pleading or any other court submission. If a party has appeared by counsel, service upon such party shall be made upon his or her counsel, unless service upon the party and the party’s counsel is ordered by the court. Where one counsel appears for several parties, 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 if there is no designation of a lead counsel.

Answer 210

The filing of pleadings and other court submissions shall be made by: a. submitting personally the original thereof, plainly indicated as such, to the court - the clerk of court shall endorse on the pleading the date and hour of filing b. sending them by registered mail c. sending them by accredited courier - b &c: the date of the mailing of motions, pleadings, [and other court submissions, and] payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the record of the case d. transmitting them by electronic mail or other electronic means as may be authorized by the court in places where the court is electronically equipped - the date of electronic transmission shall be considered as the date of filing.

Answer 211

Pleadings, motions, notices, orders, judgments, and other court submissions shall be served a. personally - to the party or - to the party’s counselor - to their authorized representative named in the appropriate pleading or motion or - by leaving it in his or her office with his or her clerk, or with a person having charge thereof - If no person is found in his or her office, or his or her office is not known, or he or she has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party’s or counsel’s residence, if known, with a person of sufficient age and discretion residing therein. b. by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means as may be authorized by the court, or as provided for in international conventions to which the Philippines is a party - shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or to the party’s counsel at his or her office, if known, otherwise at his or her residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (10) calendar days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail c. substituted service

Answer 212

This mode is availed of only when there is failure to effect service personally or by mail. This failure occurs when the office and residence of the party or counsel is unknown (Sec. 8). Substituted service is effected by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail

Answer 213

NO. The address of the lawyer is at the 9th floor. So, you serve it on the 9th floor and not at the ground floor with somebody who is not even connected with the law office. “Notices to counsel should properly be sent to the address of record in the absence of due notice to the court of change of address. The service of decision at the ground floor of a party’s building and not at the address of record of the party’s counsel on record at the 9th floor of the building cannot be considered a valid service.” “Service upon a lawyer must be effected at the exact given address of the lawyer and not in the vicinity or at a general receiving section for an entire multi-storied building with many offices.”

Answer 214

While is true that the service was improper, but the trouble is, it was going on for some time and you are not complaining. So, the ground floor becomes your adopted address. “They cannot now disown this adopted address to relieve them from the effects of their negligence, complacency or inattention. Service, therefore, of the notice of judgment at the ground floor of the building, should be deemed as effective service.” So, the judgment became final. There was no appeal. Those are examples of personal service. In one case, service of the COA resolution was made to the resident corporate auditor of the petitioner DBP. The auditor holds office in the premises of petitioner DBP and is actually an employee of the COA assigned to DBP by COA. Respondent COA contends that the service of the COA resolution to petitioner’s resident corporate auditor is tantamount to a service upon the petitioner itself. Petitioner, on the other hand, argues that the resident corporate auditor is not its employee but that of the respondent. The SC agreed with the contention of the DBP that the resident corporate auditor of the DBP is neither an official nor an employee of the DBP. He does not come within the definition of “clerk or person having charge” of the office that may be validly served with a copy of the resolution of the respondent as contemplated by the Rules. In fact, the resident corporate auditor is an extension of the respondent COA and no department of the petitioner was actually served with a copy of the resolution. (DBP v.COA GR 166933 August 10, 2006).

Answer 215

It is completed upon actual delivery. a) By handling a copy to defendant; or b) tendering him a copy if he refuses.

Answer 216

Service by electronic means and facsimile shall be made if the party concerned consents to such modes of service. Service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail address, or through other electronic means of transmission as the parties may agree on, or upon direction of the court. Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.

Answer 217

There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been mailed at least twenty (20) calendar days prior to the scheduled date of hearing and if the addressee is from within the same judicial region of the court where the case is pending, or at least thirty (30) calendar days if the addressee is from outside the judicial region.

Answer 218

A party who changes his or her electronic mail address or facsimile number while the action is pending must promptly file, within five (5) calendar days from such change, a notice of change of e-mail address or facsimile number with the court and serve the notice on all other parties. Service through the electronic mail address or facsimile number of a party shall be presumed valid unless such party notifies the court of any change, as aforementioned.

Answer 219

The subject of the electronic mail and facsimile must follow the prescribed format: 1. case number 2. case title 3. the pleading, order or document title The title of each electronically-filed or served pleading or other document, and each submission served by facsimile shall contain sufficient information to enable the court to ascertain from the title: a. the party or parties filing or serving the paper b. nature of the paper c. the party or parties against whom relief, if any, is sought d. the nature of the relief sought

Answer 220

a. Initiatory pleadings and initial responsive pleadings, such as an answer b. Subpoena, protection orders, and writs c. Appendices and exhibits to motions, or other documents that are not readily amenable to electronic scanning may, at the option of the party filing such, be filed and served conventionally d. Sealed and confidential documents or records

Answer 221

a. personal service - complete upon actual delivery b. ordinary mail - complete upon the expiration of ten (10) calendar days after mailing, unless the court otherwise provides c. registered mail - complete upon actual receipt by the addressee, or after five (5) calendar days from the date he or she received the first notice of the postmaster, whichever date is earlier. Service by accredited courier is complete upon actual receipt by the addressee, or after at least two (2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the first attempt to deliver, whichever is earlier d. electronic service - complete at the time of the electronic transmission of the document, or when available, at the time that the electronic notification of service of the document is sent - electronic service is not effective or complete if the party serving the document learns that it did not reach the addressee or person to be served e. facsimile transmission - complete upon receipt by the other party, as indicated in the facsimile transmission printout

Answer 222

The filing of a pleading or any other court submission shall be proved by its existence in the record of the case. a. If the pleading or any other court submission is not in the record, but is claimed to have been filed personally - shall be proven by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the pleading or court submission b. If the pleading or any other court submission was filed by registered mail - shall be proven by the registry receipt and by 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 instructions to the postmaster to return the mail to the sender after ten (10) calendar days if not delivered. c. If the pleading or any other court submission was filed through an accredited courier service - shall be proven by an affidavit of service of the person who brought the pleading or other document to the service provider, together with the courier’s official receipt and document tracking number. d. If the pleading or any other court submission was filed by electronic mail - shall be proven by an affidavit of electronic filing of the filing party accompanied by a paper copy of the pleading or other document transmitted or a written or stamped acknowledgment of its filing by the clerk of court e. If the paper copy sent by electronic mail was filed by registered mail - same as registered mail f. If the pleading or any other court submission was filed through other authorized electronic means - shall be proven by an affidavit of electronic filing of the filing party accompanied by a copy of the electronic acknowledgment of its filing by the court

Answer 223

Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a statement of the date, place and manner of service. If the service is made by: a. Ordinary mail - proof shall consist of an affidavit of the person mailing stating the facts showing compliance with its requisites b. Registered mail - proof shall be made by the affidavit mentioned above and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof, the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee c. Accredited courier service - proof shall be made by an affidavit of service executed by the person who brought the pleading or paper to the service provider, together with the courier’s official receipt or document tracking number d. Electronic mail, facsimile, or other authorized electronic means of transmission - proof shall be made by an affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic transmission, together with a printed proof of transmittal

Answer 224

NOTICE OF LIS PENDENS is a notice of pending action or litigation between the parties involving title to or right of possession over real property. This serves as a warning to all persons that a particular real property is in litigation, and that one who acquires an interest over said property does so at his own risk, or that he gambles on the result of the litigation over said property.

Answer 225

1. action affects the title or the right of possession of a real property 2. affirmative relief is claimed 3. notice shall contain the name of the parties and the object of the action or defense and a description of the property affected thereby 4. action in rem

Answer 226

NO, service on one is sufficient. Section 2 says, “…service shall be made upon his counsel or one of them…” Service to one is service to all. You can do it if you want to but service on one will suffice.

Answer 227

1. personally 2. registered mail 3. service by publication, if a party is summoned by publication and has failed to appear in the action

Answer 228

Under Section 11: Personal service and filing is the GENERAL RULE, and resort to other modes of service and filing, the EXCEPTION. Factors: proximity, the adverse party or opposing counsel to be served with a pleading seldom reports to office and no employee is regularly present to receive pleadings, or service is done on the last day of the reglementary period and the office of the adverse party or opposing counsel to be served is closed, for whatever reason

Answer 229

General rule: Court acquires jurisdiction over the claim of damages upon payment of the correct docket fees. Any defect in the original pleading resulting in underpayment of the docket fee cannot be cured by amendment since there is no original complaint over which the court has acquired jurisdiction.

Answer 230

Nonpayment at the time of filing does not automatically cause the dismissal of the case as long as the fee is paid within the applicable prescriptive or reglementary period

Answer 231

b) Only in aid of its appellate jurisdiction. The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

Answer 232

d) Petitions for Writ of Amparo and Habeas Corpus. The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid of its appellate jurisdiction: Provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court

Answer 233

The writ by which the defendant is notified of the action brought against him. Summons in civil cases is the counterpart of warrant of arrest in criminal cases. Under the Rules on Criminal Procedure, when an information is filed in court, the judge will issue a warrant of arrest. In civil cases, when a complaint is filed in court, the court will issue what is known as a summons under Section 1.

Answer 234

Tithin five (5) calendar days from receipt of the initiatory pleading and proof of payment of the requisite legal fees unless the complaint is on its face dismissible under Section 1, Rule 9.

Answer 235

The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain: a. The name of the court and the names of the parties to the action b. When authorized by the court upon ex parte motion, an authorization for the plaintiff to serve summons to the defendant c. A direction that the defendant answer within the time fixed by these Rules d. A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons

Answer 236

Any of the ff: a. sheriff b. his or her deputy c. other proper court officer d. plaintiff, together with sheriff (in case of failure by above) e. plaintiff (in cases where summons is to be served outside the judicial region of the court where the case is pending) f. representative - If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized representative therein, attaching a board resolution or secretary’s certificate thereto, as the case may be, stating that such representative is duly authorized to serve the summons on behalf of the plaintiff

Answer 237

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions. If summons is returned without being served on any or all the defendants, the court shall order the plaintiff to cause the service of summons by other means available under the Rules. Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.

Answer 238

Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon motion, issue an alias summons.

Answer 239

1. to acquire jurisdiction over the person of the defendant | 2. to give notice to the defendant that an action has been commenced against him

Answer 240

In Pagalaran vs. Bal-latan 13 Phil. 135, the defendant was served summons but without a copy of the complaint. She did not appear and file her answer as ordered. The trial court then issued an order declaring her in default. A principal issue raised in the SC was whether or not the proceedings in the trial court should be annulled on the ground that the defendant had never been summoned pursuant to the Rules because she was not served a copy of the complaint. The SC, while admitting that the service of summons was defective, treated the defect as having been waived by the defendant’s failure to seasonably challenge the trial court’s jurisdiction over her person. She should have appeared to challenge the jurisdiction of the court.

Answer 241

NO. The order of the court ordering him to be substituted is already sufficient. Anyway he is only a continuation of the personality of the original defendant. Just serve the copy of the order, where he is ordered to be substituted.

Answer 242

Alias summons is one issued when the original has not produced its effects because of a defect in form or in the manner of service, and when issued supersedes the first writ.

Answer 243

There is failure of service after unsuccessful attempts to personally serve the summons on the defendant in his or her address indicated in the complaint. Substituted service should be in the manner provided under Section 6 of this Rule. several attempts: at least 3 tries, preferably on at least 2 different dates

Answer 244

Unless there is waiver, non-service or irregular service renders null and void all subsequent proceedings and issuances in the action from the order of default up to and including the judgment by default and the order of execution. Where the defendant has already been served with summons on the original complaint, no further summons is required on the amended complaint if it does not introduce new causes of action. But where the defendant was declared in default on the original complaint and the plaintiff subsequently filed an amended complaint, new summons must be served on the defendant on the amended complaint, as the original complaint was deemed withdrawn upon such amendment.

Answer 245

1. personal service 2. substituted service 3. by publication

Answer 246

Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person and informing the defendant that he or she is being served, or, if he or she refuses to receive and sign for it, by leaving the summons within the view and in the presence of the defendant.

Answer 247

If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2) different dates, service may be effected: a. by leaving copies of the summons at the defendant’s residence to a person at least eighteen (18) years of age and of sufficient discretion residing therein b. by leaving copies of the summons at the defendant’s office or regular place of business with some competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the defendant c. by leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowners’ association or condominium corporation, or its chief security officer in charge of the community or the building where the defendant may be found d. by sending an electronic mail to the defendant’s electronic mail address, if allowed by the court

Answer 248

If sued under the name by which they are generally or commonly known, service may be effected upon all the defendants by serving upon: a. any of them or b. upon the person in charge of the office or place of business maintained in such name

Answer 249

When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him or her by the officer having the management of such jail or institution who is deemed as a special sheriff for said purpose. The jail warden shall file a return within five (5) calendar days from service of summons to the defendant.

Answer 250

When the defendant is a minor, insane or otherwise an incompetent person, service of summons shall be made upon him or her personally and on his or her legal guardian if he or she has one, 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.

Answer 251

When spouses are sued jointly, service of summons should be made to each spouse individually.

Answer 252

a. president b. managing partner c. general manager d. corporate secretary e. treasurer or f. in-house counsel of the corporation wherever they may be found, or in their absence or unavailability >> g. their secretaries h. If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its principal office i. In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the receiver or liquidator, as the case may be. Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3) attempts on two (2) different dates, service may be made electronically, if allowed by the court, as provided under Section 6 of this Rule

Answer 253

a. serve on resident agent b. or if none: on gov’t official designated by law or c. on any officer or agent of the corporation within the Philippines If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected outside of the Philippines through any of the following means: a. by personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs b. by publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant c. by facsimile d by electronic means with the prescribed proof of service e. by such other means as the court, in its discretion, may direct

Answer 254

a. in case defendant is the Republic of the Philippines - by serving upon the Solicitor General b. in case of a province, city or municipality, or like public corporations - by serving on its executive head, or on such other officer or officers as the law or the court may direct

Answer 255

Within ninety (90) calendar days from the commencement of the action, service may, by leave of court, be effected upon him or her by publication in a newspaper of general circulation and in such places and for such time as the court may order. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.

Answer 256

a. defendant does not reside or is not found within the Phil. b. the action either: 1. affects the personal status of plaintiff; relates to or the subject of which is property within the Philippines in which defendant has a lien or interest 2. demands a relief which consists wholly or in part in excluding the defendant from any interest in any property within the Phil; or property of defendant has been attached in the Phil

Answer 257

a. with leave of court served outside the Phil - by personal service under Section 5 or as provided for in international conventions to which the Philippines is a party b. with leave of court serve by publication in a newspaper of general circulation, in which case copy of the summons and order of court must also be sent by registered mail to the last known address of defendant; or c. any other manner the court deem sufficient Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.

Answer 258

a. substituted service or b. with leave of court, personal service out of the Phil. as under extraterritorial service

Answer 259

A request made by a party to the court to obtain permission to do something, which would have been unlawful without such permission. When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding Section.

Answer 260

Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheriff or process server, or person authorized by the court, shall complete its service. Within five (5) calendar days from service of summons, the server shall file with the court and serve a copy of the return to the plaintiff’s counsel, personally, by registered mail, or by electronic means authorized by the Rules. Should substituted service have been effected, the return shall state the following: 1. The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt of summons 2. The date and time of the three (3) attempts on at least two (2) different dates to cause personal service and the details of the inquiries made to locate the defendant residing thereat 3. The name of the person at least eighteen (18) years of age and of sufficient discretion residing thereat, name of competent person in charge of the defendant’s office or regular place of business, or name of the officer of the homeowners’ association or condominium corporation or its chief security officer in charge of the community or building where the defendant may be found

Answer 261

a. in writing - by the server - manner, place, and date of service - shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his or her deputy. b. printout of said e-mail with a copy of summons if summons was served by electronic mail - also the affidavit of the person mailing c. if the service has been made by publication, service may be proved by the affidavit of the publisher, editor, business or advertising manager, to which affidavit a copy of the publication shall be attached and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his or her last known address

Answer 262

A motion is an application for relief other than by a pleading.

Answer 263

False. There is an exception: those made in open court | or in the course of a hearing or trial.

Answer 264

A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.

Answer 265

Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions. These motions include: a) Motion for the issuance of an alias summons; b) Motion for extension to file answer; c) Motion for postponement; d) Motion for the issuance of a writ of execution; e) Motion for the issuance of an alias writ of execution; f) Motion for the issuance of a writ of possession; g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and h) Other similar motions. These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from receipt thereof.

Answer 266

1) Motion for bill of particulars; 2) Motion to dismiss; 3) Motion for new trial; 4) Motion for reconsideration; 5) Motion for execution pending appeal; 6) Motion to amend after a responsive pleading has been filed; 7) Motion to cancel statutory lien; 8) Motion for an order to break in or for a writ of demolition; 9) Motion for intervention; 10) Motion for judgment on the pleadings; 11) Motion for summary judgment; 12) Demurrer to evidence; 13) Motion to declare defendant in default; and 14) Other similar motions.

Answer 267

All motions shall be served by personal service, accredited private courier or registered mail, or electronic means so as to ensure their receipt by the other party. The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt thereof. No other submissions shall be considered by the court in the resolution of the motion. The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition.

Answer 268

Yes. The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing.

Answer 269

Except for motions requiring immediate action, where the court decides to conduct hearing on a litigious motion, the same shall be set on a Friday

Answer 270

A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.

Answer 271

The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form.

Answer 272

a. Motion to dismiss except on the following grounds: 1. that the court has no jurisdiction over the subject matter of the claim 2. that there is another action pending between the same parties for the same cause 3. that the cause of action is barred by a prior judgment or by the statute of limitations b. Motion to hear affirmative defenses c. Motion for reconsideration of the court’s action on the affirmative defenses d. Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court e. Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension to file an answer as provided by Section 11, Rule 11 f. Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon

Answer 273

A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original receipt.

Answer 274

1. upon filing of notice of dismissal by plaintiff at any time before service of the answer or of a motion for summary judgment 2. upon such notice being filed, the court shall issue an order confirming the dismissal Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.

Answer 275

Except as provided in the preceding Section, a complaint shall not be dismissed at the plaintiff’s instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff’s motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his or her counterclaim in a separate action unless within fifteen (15) calendar days from notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.

Answer 276

If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or her action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the court’s own motion, without prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.

Answer 277

The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary dismissal by the claimant by notice as in Section 1 of this Rule, shall be made before a responsive pleading or a motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or hearing.

Answer 278

A mandatory conference and personal confrontation before the judge between the parties and their respective counsel.

Answer 279

After the last responsive pleading has been served and filed, the branch clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty (60) calendar days from the filing of the last responsive pleading.

Answer 280

The court shall consider: a. the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution b. the simplification of the issues c. the possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof d. the limitation of the number and identification of witnesses and the setting of trial dates e. the advisability of a preliminary reference of issues to a commissioner f. the propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist g. the requirement for the parties to: 1. Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses 2. Examine and make comparisons of the adverse parties’ evidence vis-a-vis the copies to be marked 3. Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties’ evidence; 4. Reserve evidence not available at the pre-trial, but only in the following manner: i. For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness ii. For documentary evidence and other object evidence, by giving a particular description of the evidence. No reservation shall be allowed if not made in the manner described above. h. such other matters as may aid in the prompt disposition of the action.

Answer 281

1. Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses 2. Examine and make comparisons of the adverse parties’ evidence vis-a-vis the copies to be marked 3. Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties’ evidence 4. Reserve evidence not available at the pre-trial, but only in the following manner: i. For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness ii. For documentary evidence and other object evidence, by giving a particular description of the evidence. No reservation shall be allowed if not made in the manner described above.

Answer 282

Waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution

Answer 283

It shall be deemed a waiver of the presentation of such evidence.

Answer 284

The notice of pre-trial shall include the dates respectively set for: a. Pre-trial b. Court-Annexed Mediation and c. Judicial Dispute Resolution, if necessary The notice of pre-trial shall be served on counsel, or on the party if he or she has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him or her. Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the pretrial and shall merit the same sanctions under Section 5 hereof.

Answer 285

False. It is their duty. The non-appearance of a party and counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability.

Answer 286

True. But must be fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and documents.

Answer 287

Dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex parte within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered.

Answer 288

The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (3) calendar days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among others: a. a concise statement of the case and the reliefs prayed for b. a summary of admitted facts and proposed stipulation of facts c. the main factual and legal issues to be tried or resolved d. the propriety of referral of factual issues to commissioners e. the documents or other object evidence to be marked, stating the purpose thereof f. the names of the witnesses, and the summary of their respective testimonies g. a brief statement of points of law and citation of authorities

Answer 289

Dismissal of the action

Answer 290

Upon termination of the pre-trial, the court shall issue an order within ten (10) calendar days which shall recite in detail the matters taken up. The order shall include: a. an enumeration of the admitted facts b. the minutes of the pre-trial conference c. the legal and factual issue/s to be tried d. the applicable law, rules, and jurisprudence e. the evidence marked f. the specific trial dates for continuous trial, which shall be within the period provided by the Rules g. the case flowchart to be determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and the use of time frames for each stage in setting the trial dates h. a statement that the one-day examination of witness rule and most important witness rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly followed; and i. a statement that the court shall render judgment on the pleadings or summary judgment, as the case may be

Answer 291

Judicial affidavits

Answer 292

Generally, yes. Xpn: if it is based on acts of God, force majeure or duly substantiated physical inability of the witness to appear and testify

Answer 293

False. It should be the party who caused the postponement Should the opposing party fail to appear without valid cause stated in the next preceding paragraph, the presentation of the scheduled witness will proceed with the absent party being deemed to have waived the right to interpose objection and conduct cross-examination.

Answer 294

The court shall refer the parties for mandatory court-annexed mediation.

Answer 295

30 calendar days

Answer 296

Judicial Dispute Resolution (JDR) is a confidential pre-trial settlement conference led by a Justice of the Court of Queen's Bench. The objective of a JDR is to resolve the dispute so a trial will be either unnecessary, or at most limited to those issues on which the parties do not agree. Only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution. The judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of failure of the court-annexed mediation. If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon. All proceedings during the court-annexed mediation and the judicial dispute resolution shall be confidential.

Answer 297

Should there be no more controverted facts, or no more genuine issue as to any material fact, or an absence of any issue, or should the answer fail to tender an issue, the court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or summary judgment under Rule 35, motu proprio include in the pre-trial order that the case be submitted for summary judgment or judgment on the pleadings, without need of position papers or memoranda. In such cases, judgment shall be rendered within ninety (90) calendar days from termination of the pre-trial. The order of the court to submit the case for judgment pursuant to this Rule shall not be the subject to appeal or certiorari.

Answer 298

An INTERVENTION is proceeding in a suit or action in which a third person, not a party to the case, is permitted by the court to make himself a party to the case. Intervention is a legal proceeding by which a person who is not a party to the action is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirements set by the Rules of Court. This third person who intervened is one who is not originally impleaded in the action. It is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him to protect or preserve a right or interest which may be affected by such proceeding. Intervention is never an independent proceeding but is ancillary and supplemental to an existing litigation. Its purpose is to enable a stranger to an action to become a party to protect his interest. An intervention cannot alter the nature of the action and the issues already joined. Intervention in an action is neither compulsory nor mandatory but only optional and permissive. Hence, the court has full measure of discretion in permitting or disallowing the same.

Answer 299

1. a person who has a legal interest in the matter in litigation 2. or in the success of either of the parties 3. or an interest against both 4. or is so situated as to be adversely affected by a distribution 5. or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor’s rights may be fully protected in a separate proceeding.

Answer 300

1) The intervenor has a legal interest on the matter under litigation 2) The intervenor has a legal interest in the success of either of the parties 3) The intervenor has a legal interest against both or 4) The Intervenor is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof.

Answer 301

The motion to intervene may be filed at any time before rendition of judgment by the trial court. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties.

Answer 302

The intervenor shall file a complaint-in-intervention if he or she asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party in resisting a claim against the latter.

Answer 303

notice of the order admitting the same

Answer 304

a. habeas corpus cases b. election cases c. special civil actions d. those so required by law

Answer 305

The assignment of cases to the different branches of a court shall be done exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present.

Answer 306

Subpoena is a process directed to a person requiring him or her to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his or her deposition. It may also require him to bring with him or her any books, documents, or other things under his or her control, in which case it is called a subpoena duces tecum.

Answer 307

a. The court before whom the witness is required to attend b. The court of the place where the deposition is to be taken c. The officer or body authorized by law to do so in connection with investigations conducted by said officer or body or d. Any Justice of the Supreme Court or the Court of Appeals in any case or investigation pending within the Philippines When application for a subpoena to a prisoner is made, the judge or officer shall examine and study carefully such application to determine whether the same is made for a valid purpose.

Answer 308

False. No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution shall be brought outside the penal institution for appearance or attendance in any court unless authorized by the Supreme Court.

Answer 309

1. name of the court 2. the title of the action or investigation 3. shall be directed to the person whose attendance is required 4. in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant

Answer 310

Proof of service of a notice to take a deposition, as provided in Sections 15 and 25 of Rule 23, shall constitute sufficient authorization for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be taken. The clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the court.

Answer 311

Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Costs for court attendance and the production of documents and other materials subject of the subpoena shall be tendered or charged accordingly.

Answer 312

A person present in court before a judicial officer may be required to testify as if he or she were in attendance upon a subpoena issued by such court or officer.

Answer 313

a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law or Rule. Exceptions. – The provisions of Sections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100) kilometers from his or her residence to the place where he or she is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which his or her case is pending was obtained.

Answer 314

the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day.

Answer 315

Should an act be done which effectively interrupts the running of the period, the allowable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof. The day of the act that caused the interruption shall be excluded in the computation of the period.

Answer 316

DEPOSITION is the written testimony of a witness given in the course of a judicial proceeding, in advance of the trial or hearing, upon oral examination or in response to written interrogatories, and where an opportunity is given for cross-examination.

Answer 317

At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions: a. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness b. The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose c. The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his or her absence was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; and d. If only part of a deposition is offered in evidence by a party, the adverse party may require him or her to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

Answer 318

Within the Philippines, depositions may be taken before a. any judge b. notary public, or c. the person referred to in Section 14 hereof. – If the parties so stipulate in writing, depositions may be taken before any person authorized to administer oaths, at any time or place, in accordance with these Rules, and when so taken may be used like other depositions.

Answer 319

In a foreign state or country, depositions may be taken a. on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines b. before such person or officer as may be appointed by commission or under letters rogatory c. the person referred to in Section 14 hereof– If the parties so stipulate in writing, depositions may be taken before any person authorized to administer oaths, at any time or place, in accordance with these Rules, and when so taken may be used like other depositions.

Answer 320

A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such direction as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed to the appropriate judicial authority in the foreign country.

Answer 321

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he or she belongs. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time.

Answer 322

A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten (10) calendar days thereafter, a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five (5) calendar days thereafter, the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. ``` Within three (3) calendar days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition. ```

Answer 323

(a) as to notice - all errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice (b) as to disqualification of officer - objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence (c) as to competency or relevancy of evidence - objections to the competency of a witness or the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time (d) as to oral examination and other particulars - errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of the parties and errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the taking of the deposition (e) as to form of written interrogatories - objections to the form of written interrogatories submitted under sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3) calendar days after service of the last interrogatories authorized (f) as to manner of preparation - errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under [S]ections 17, 19, 20 and 26 of this Rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

Answer 324

A person who desires to perpetuate his or her own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines, may file a verified petition in the court of the place of the residence of any expected adverse party.

Answer 325

The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his or her interest therein; (c) the facts which he or she desires to establish by the proposed testimony and his or her reasons for desiring to perpetuate it; (d) the names or a description of the persons he or she expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he or she expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony.

Answer 326

The petitioner shall serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty (20) calendar days before the date of the hearing, the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons. (

Answer 327

If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose deposition may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with Rule 23 before the hearing.

Answer 328

For the purpose of applying Rule 23 to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

Answer 329

If a deposition to perpetuate testimony is taken under this Rule, or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the same subject matter subsequently brought in accordance with the provisions of [S]ections 4 and 5 of Rule 23

Answer 330

If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in the said court for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall state (a) the names and addresses of the persons to be examined and the substance of the testimony which he or she expects to elicit from each; and (b) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these Rules for depositions taken in pending actions.

Answer 331

Upon ex parte motion, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf.

Answer 332

The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) calendar days after service thereof, unless the court, on motion and for good cause shown, extends or shortens the time.

Answer 333

Objections to any interrogatories may be presented to the court within ten (10) calendar days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable.

Answer 334

Interrogatories may relate to any matters that can be inquired into under [S]ection 2 of Rule 23, and the answers may be used for the same purposes provided in [S]ection 4 of the same Rule.

Answer 335

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

Answer 336

At any time after issues have been joined, a party may file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant document described in and exhibited with the request or of the truth of any material and relevant matter of fact set forth in the request. Copies of the documents shall be delivered with the request unless copies have already been furnished

Answer 337

Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, which shall not be less than fifteen (15) calendar days after service thereof, or within such further time as the court may allow on motion, the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully either admit or deny those matters. Objections to any request for admission shall be submitted to the court by the party requested within the period for and prior to the filing of his or her sworn statement as contemplated in the preceding paragraph and his or her compliance therewith shall be deferred until such objections are resolved, which resolution shall be made as early as practicable.

Answer 338

– Any admission made by a party pursuant to such request is for the purpose of the pending action only and shall not constitute an admission by him or her for any other purpose nor may the same be used against him or her in any other proceeding

Answer 339

The court may allow the party making an admission under this Rule, whether express or implied, to withdraw or amend it upon such terms as may be just.

Answer 340

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

Answer 341

Upon motion of any party showing good cause therefor, the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his or her possession, custody or control; or (b) order any party to permit entry upon designated land or other property in his or her possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may prescribe such terms and conditions as are just.

Answer 342

In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may in its discretion order him or her to submit to a physical or mental examination by a physician.

Answer 343

The order for examination may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties, and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.

Answer 344

– If requested by the party examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her findings and conclusions. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver such report, the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report[,] the court may exclude his or her testimony if offered at the trial.

Answer 345

– By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he or she may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him or her in respect of the same mental or physical examination

Answer 346

If a party or other deponent refuses to answer any question upon oral examination, the examination may be completed on other matters or adjourned as the proponent of the question may prefer. The proponent may thereafter apply to the proper court of the place where the deposition is being taken, for an order to compel an answer. The same procedure may be availed of when a party or a witness refuses to answer any interrogatory submitted under Rules 23 or 25. If the application is granted, the court shall require the refusing party or deponent to answer the question or interrogatory and if it also finds that the refusal to answer was without substantial justification, it may require the refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of the reasonable expenses incurred in obtaining the order, including attorney’s fees. If the application is denied and the court finds that it was filed without substantial justification, the court may require the proponent or the counsel advising the filing of the application, or both of them, to pay to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the application, including attorney’s fees.

Answer 347

If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court of the place in which the deposition is being taken, the refusal may be considered a contempt of that court.

Answer 348

If any party or an officer or managing agent of a party refuses to obey an order made under [S]ection 1 of this Rule requiring him or her to answer designated questions, or an order under Rule 27 to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry upon land or other property, or an order made under Rule 28 requiring him or her to submit to a physical or mental examination, the court may make such orders in regard to the refusal as are just, and among others the following: (a) An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him or her from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition; (c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; and (d) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination

Answer 349

– If a party after being served with a request under Rule 26 to admit the genuineness of any document or the truth of any matter of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact, he or she may apply to the court for an order requiring the other party to pay him or her the reasonable expenses incurred in making such proof, including [reasonable] attorney’s fees. Unless the court finds that there were good reasons for the denial or that admissions sought were of no substantial importance, such order shall be issued. (

Answer 350

– If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his or her deposition, after being served with a proper notice, or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories, the court on motion and notice, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, and in its discretion, order him or her to pay reasonable expenses incurred by the other, including attorney’s fees.

Answer 351

– Expenses and attorney’s fees are not to be | imposed upon the Republic of the Philippines under this Rule.