Remedial Law Compendium Volume I (Notes Post Rules) Flashcards
RULE 1. GENERAL PROVISIONS
Section 6. Construction
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.
RULE 1. GENERAL PROVISIONS
Section 6. Construction
Notes (1)
In what instances have the liberal construction of Rules been applied?
The liberal construction of these Rules have been allowed in the following cases:
(1) where a rigid application will result in manifest failure or miscarriage of justice;
(2) where the interest of substantial justice will be served;
(3) where the resolution of the motion is addressed solely to the sound and judicious discretion of the court; and
(4) where the injustice to the adverse party is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedure.
(Tan v. CA, et al., G.R. No. 130314, September 22, 1998)
RULE 1. GENERAL PROVISIONS
Section 6. Construction
Notes (2)
What are some grounds that provide justification for a court to restrict adherence to procedure?
Jurisprudence has laid down the range of reasons which may provide justification for a court to restrict adherence to procedure, enumerating grounds for giving due course to an otherwise objectionable appeal by a suspension of the enforcement of procedural rules, viz:
(1) in matters of life, liberty, honor, or property;
(2) counsel’s negligence without any participatory negligence on the part of the client;
(3) the existence of special or compelling circumstances;
(4) the evident merits of the case;
(5) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules;
(6) the lack of any showing that the review sought is merely frivolous and dilatory; and
(7) the other party will not be unjustly prejudiced thereby.
(Baylon v. Fact-finding Intelligence Bureau, et al., G.R. No. 150870, December 11, 2002)
RULE 34. JUDGMENT ON THE PLEADINGS
Section 1. Judgment on the pleadings.
Notes (5 & 6)
Distinguish among judgment on the pleadings, summary judgment, and judgments by default.
As to issue(s) involved:
JP: Proper when it appears that there is no genuine issue between the parties.
SJ: Proper even if there is an issue as to damages recoverable.
JD: Genuine issues of fact and/or law are normally involved.
As to introduction of evidence:
JP: Based exclusively upon the pleadings without introduction of evidence.
SJ: Based not only on the pleadings but also upon the affidavits, depositions, and admissions of the parties showing that, except as to the amount of damages, there is no genuine issue.
JD: Evidence must be introduced on the material allegations, albeit ex parte, except in cases covered by the rule on summary procedure.
As to applicability in any action:
JP: Available in any action, except for declaration of nullity or annulment of marriage and legal separation.
SJ: Proper only in actions to recover a debt, or for a liquidated sum of money, or for declaratory relief.
JD: All cases may be subject to judgments by default, except for those for annulment or declaration of nullity of marriage or legal separation.
As to motion:
JP: Subject only to the 3-day notice rule and where all the material averments of the complaint are admitted, such motion may even be made ex parte.
SJ: Requires prior 10-day notice.
JD: May be filed ex parte, except under the rule on summary procedure wherein upon failure of defendant to answer, the court, motu propio or on plaintiff’s motion, shall render the corresponding judgment.
RULE 36. JUDGMENTS, FINAL ORDERS, AND ENTRY THEREOF
Section 1. Rendition of judgments and final orders.
Notes (3)
What are the special forms of judgments under the Rules and jurisprudence?
The special forms of judgments under the Rules and jurisprudence are:
(01) Judgment by default (Rule 9, Section 3);
(02) Judgment on the pleadings (Rule 34);
(03) Summary judgment (Rule 35);
(04) Several judgment (Rule 36, Section 4);
(05) Separate judgment (Rule 36, Section 5);
(06) Judgment for specific acts (Rule 39, Section 10);
(07) Special judgment (Rule 39, Section 11);
(08) Judgment upon confession;
(09) Judgment upon compromise, or on consent, or agreement;
(10) “Clarificatory” judgment; and
(11) Judgment nunc pro tunc
RULE 37. NEW TRIAL OR RECONSIDERATION
Section 1. Grounds of and period for filing motion for new trial or reconsideration.
Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or
(b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result.
Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
RULE 37. NEW TRIAL OR RECONSIDERATION
Section 1. Grounds of and period for filing motion for new trial or reconsideration.
Notes (3)
What are the instances of a pro forma motion for new trial?
A motion for new trial is considered pro forma where:
(1) It is based on the same ground as that raised in a preceding motion for new trial or reconsideration which has already been denied.
(2) It contains the same arguments and manner of discussion appearing in the prior opposition to the motion to dismiss and which motion was granted;
(3) The new ground alleged in the second motion for new trial already existed, was available, and could have been alleged in the first motion for new trial which was denied;
(4) It is based on the ground of insufficiency of evidence or that the judgment is contrary to law but does not specify the supposed defects in the judgment; and
(5) It is based on the ground of fraud, accident, mistake, or excusable negligence but does not specify the facts constituting these grounds and/or is not accompanied by an affidavit of merits. Note that fraud and mistake must be alleged with particularity.
RULE 37. NEW TRIAL OR RECONSIDERATION
Section 9. Remedy against order denying a motion for new trial or reconsideration.
An order denying a motion for new trial or reconsideration is not appealed, the remedy being an appeal from the judgment or final order.
RULE 41. APPEAL FROM THE REGIONAL TRIAL COURTS
Section 2. Modes of Appeal.
(a) Ordinary appeal. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where law on these Rules so require. In such cases, the record on appeal shall be filed and served in like manner.
(b) Petition for review. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
(c) Appeal by certiorari. — In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with the Rule 45.
RULE 41. APPEAL FROM THE REGIONAL TRIAL COURTS
Section 2. Modes of Appeal.
Notes (1)
What are the different modes of appeal from judgments or final orders of the Regional Trial Court to the Court of Appeals or the Supreme Court?
(1) Ordinary appeal. This is sometimes referred to as an appeal by writ of error due to the requirement that the brief filed for that purpose must contain an assignment of errors. This presupposes that the RTC rendered the judgment or final order in the civil action or special proceeding in the exercise of its original jurisdiction and the appeal is taken to the Court of Appeals on questions of fact or mixed questions of fact and law. The appeal is taken by notice of appeal or by record on appeal. This is the mode of appeal governed by Rule 41.
(2) Petition for review. This is observed where the questioned judgment or final order was rendered by the RTC in the exercise of its appellate jurisdiction over a judgment or final order in a civil action or special proceeding originally commenced in and decided by a lower court. The appeal is taken by a petition for review filed with the Court of Appeals on questions of fact, of law, or on mixed questions of fact and law, and is governed by Rule 42.
(3) Appeal by certiorari. The is taken to the Supreme Court only on questions of law from a judgment or final order rendered in a civil action or special proceeding by the Regional Trial Court in the exercise of its original jurisdiction. The appeal is taken by filing a petition for review on certiorari with the Supreme Court subject to the provisions of Rule 45.
RULE 41. APPEAL FROM THE REGIONAL TRIAL COURTS
Section 2. Modes of Appeal.
Notes (2)
Differentiate the following terms:
“petition for review” v. “petition for review on certiorari” v. “certiorari”
Although the term used in the second mode is “petition for review”, just like that in appeals from the quasi-judicial agencies under Rule 43, it should not be confused with the “petition for review on certiorari” under the third mode which is a distinct procedure under Rule 45. Nor should the use of the word “certiorari” in the latter be mistaken for the special civil action for certiorari in Rule 65 which is not a mode of appeal but an original action.
RULE 41. APPEAL FROM THE REGIONAL TRIAL COURTS
Section 3. Period of ordinary appeal; appeal in habeas corpus cases.
The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. However, an appeal in habeas corpus cases shall be taken within forty-eight (48) hours from notice of the judgment or final order appealed from.
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.
RULE 41. APPEAL FROM THE REGIONAL TRIAL COURTS
Section 3. Period of ordinary appeal; appeal in habeas corpus cases.
Notes (5)
What is the fresh period rule (Neypes ruling)?
The essence of the “fresh period rule” is the liberal grant of a fresh period of 15 days within which the aggrieved party in the case may file a notice of appeal in the RTC, counted from receipt of the order dismissing a motion for new trial or reconsideration.
To standardize the different appeal periods in the Rules, this rule was made applicable to:
(1) Rule 40 (Appeals from Municipal Trial Courts to the Regional Trial Courts);
(2) Rule 42 (Petition for Review from the Regional Trial Courts to the Court of Appeals);
(3) Rule 43 (Appeals from Quasi-Judicial Agencies (now, except the Court of Tax Appeals) to the Court of Appeals); and
(4) Rule 45 (Appeal by Certiorari to the Supreme Court).
This new rule thereby makes the appeal period uniform by being invariably counted from receipt in the Neypes case of the order denying the motion for new trial, motion for reconsideration, or any final order or resolution.
The Court recapitulated, in the foregoing situations, that a party litigant may either file his notice of appeal within 15 days from receipt of the RTC’s decision, or within 15 days from receipt of the order denying his motion for new trial or motion for reconsideration, which thereby assumes the role of the “final order”.
RULE 57. PRELIMINARY ATTACHMENT
Section 1. Grounds upon which attachment may issue.
At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases:
(a) In an action for the recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditors;
(b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty;
(c) In an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an authorized person;
(d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, or in the performance thereof;
(e) In an action against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his creditors; or
(f) In an action against a party who does not reside and is not found in the Philippines, or on whom summons may be served by publication.
RULE 57. PRELIMINARY ATTACHMENT
Section 1. Grounds upon which attachment may issue.
Notes (6)
What are the purposes of preliminary attachment?
The purposes of preliminary attachment are:
(1) to seize the property of the debtor in advance of final judgment and to hold it for purposes of satisfying said judgment, or
(2) to enable the court to acquire jurisdiction over the action by the actual or constructive seizure of the property in those instances where personal service of summons on the creditor cannot be effected.
(Mabunog v. Gallimore, 81 Phil. 354; Quasha, et al. v. Juan, et al., L-49140, November 19, 1982.)
