CIVIL PROCEDURE| GENESY TIMONERA there is a compliance with the rules of joinder of parties.

(Sec
, Rule 9)
CAUSE OF ACTION, ACTIONS AND PARTIES
ACTIONS
Requisites of COA
In personal actions, the plaintiff seeks the recovery of
1. Legal right in favor of the plaintiff personal property, the enforcement of a contract or the
2. Legal duty of the defendant to respect such recovery of damages.
rights
3. Act or omission by such defendant in violation In real action, the plaintiff seeks the recovery if real property.
of the right of the plaintiff with a resulting injury It is an action affecting title to real property, or for the
or damage to the plaintiff for which the later recovery of possession, or for partition or condemnation of,
may maintain an action for the recovery of relief or foreclosure of mortgage on real property.
from the defendant
 Where the action is merely to annul a deed of real
A MTD grounded on failure to state a cause of action refers estate mortgage, the action is a personal action
only to the insufficiency of the pleading since ownership has not yet passed to another.
 Jurisdiction over the res is not sufficient for a valid
The cause of action in a complaint is not what the designation judgment. Such judgment also requires notice or
of the complaint states but what the allegations in the body service of summons to all interested parties to
of the complaint define and describe. The designation or satisfy the due process requirement of the
caption is not controlling for it is not even an indispensable fundamental law.
part of the complaint.
Action quasi in rem is one wherein an individual is named as
SPLITTING OF COA defendant and the purpose of the proceeding is to subject his
interest therein to the obligation or lien burdening the
Tests to ascertain whether two suits relate to a
property.
single or common cause
 The object in quasi in rem is the sale or disposition of
1. Same evidence test the property whether by attachment, foreclosure, or
any other form of remedy.
Whether the same evidence would support and
 An action in rem or quasi in rem is treated as an
sustain both the first and second causes of action
action in personam if the defendant presents himself
2. Whether the defenses in one case may be used to in the action.
substantiate the complaint in the other
SUMMONS BY PUBLICATION CAN BE MADE IN ACTION IN
3. Whether the cause of action in the second case
PERSONAM
existed at the time of the filing of the first complaint
1. Identity of the defendant is unknown, or whose
Remedy of defendant is to file a MTD based on litis
whereabouts are unknown, service may, with leave
pendencia or res judicata
of court, be effected upon him by publication in a
 It need not be the second action filed that should be newspaper of general circulation.
dismissed. The rule does not necessarily confine the 2. The resident defendant is temporarily out of the
dismissal to the second action. As to which should be country, he may be served by publication with leave
dismissed would depend upon the judicial discretion of court.
and the prevailing circumstances.
PARTIES
JOINDER OF CAUSES OF ACTION
If a suit is not brought in the name or against the real party in
It is the process of uniting two or more demands or interest, a motion to dismiss may be filed on the ground that
rights of action in one action the complaint states no cause of action.

Totality test Indispensable party is one whose interest in the subject

matter of the suit and the relief sought are so inextricably
Where the claims in all the causes of action are intertwined with the other parties that his legal presence as a
principally for the recovery of money, the aggregate amount party to the proceeding as an absolute necessity.
claimed shall be the test of jurisdiction.
The absence of an indispensable party renders all subsequent
When there are two or more defendants ors ca plaintiffs, the actuations of the court null and void, for want of authority to
causes of action against the defendant can only be joined if
CIVIL PROCEDURE|GRT | 1
act, not only as to the absent parties, but even as to those parties. Under reasonable or justifiable reasons,
present. when 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.
MISJOINDER AND NON-JOINDER OF PARTIES  If the acts if the party or his counsel clearly
constitute willful and deliberate forum shopping, the
A party is misjoined when he is made a party to the action
same shall be a ground for summary dismissal. Here
although he should not be impleaded. A party is not joined
no motion to dismiss and hearing are required. The
when he is supposed to be joined but is not impleaded in the
dismissal in this case is with prejudice and shall
action.
constitute direct contempt.
An indispensable party MUST be joined under any and all  Jurisprudence holds that if the forum shopping is not
conditions while necessary party should be joined whenever considered willful and deliberate, the subsequent
possible. case shall be dismissed without prejudice in the
ground of either litis pendencia or res judicata.
ALTERNATIVE DEFENDANTS
ALLEGATIONS IN PLEADING
Where the plaintiff cannot definitely identify who among two
or more persons should be impleaded as a defendant, he may  The failure to comply with a condition precedent is
join all of them as defendants in the alternative. an independent ground for a MTD.

EFFECT OF DEATH Actionable document

The purpose behind the rule on substitution of the deceased  Defenses that are implied from said admission are
is the protection of the right of every party to due process. It necessarily waived like the defenses of forgery, lack
is to ensure that the deceased would continue to be properly of authority to execute the document, that the party
represented in the suit through the duly appointed legal charged signed the document in some other capacity
representative of the estate. or that the document was never delivered.

ACTIONS WHICH SURVIVE THE DEATH OF A PARTY Defenses not cut off by the admission of genuineness
and due execution:
1. Actions to recover real and personal property
from the estate 1. Payment or non-payment
2. Actions to enforce a lien 2. Want of consideration
3. Actions to recover damages for an injury to 3. Illegality of consideration
persons or property. 4. Usury
 If a party dies during the pendency of any action 5. Fraud
that survives, the action may be continued by or  The payment of docket fees vests the trial court with
against the heirs, executor or administrator of the jurisdiction over the subject matter of the action. In
deceased after proper substitution/ a case, it was held that while payment of the
required docket fee is a jurisdictional requirement,
PLEADINGS even its nonpayment at the time of filing does not
automatically cause the dismissal of the case, as long
 Lack of verification shall be treated as an unsigned as the fee is paid within the applicable prescriptive
pleading. Hence, it produces no legal effect. or reglementary period.
 The certification against forum shopping is
mandatory but not jurisdictional since jurisdiction Effect of specific denial
over the subject o the action is conferred by law.
The absence of certification would not affect the  Material averments in the complaint not specifically
jurisdiction of the court over the action. denied shall be deemed waived except averments of
the amount of unliquidated damages. Judgment on
Test to determine the existence of forum shopping: the pleadings shall proceed.

1. Identity of parties THREE TYPES OF DENIAL

2. Identity of rights or causes of action
3. Identity of reliefs sought 1. Absolute denial
 The certification against forum shopping must be
The defendant specifies each material allegation of
signed by all the plaintiffs or petitioners in case.
fact the truth of which he does not admit and,
Otherwise, those who did not sign will be dropped as
whenever practicable, sets forth the substance of
CIVIL PROCEDURE|GRT | 2
 the matters upon which he relies to support his aside by a timely and proper motion with the
denial requisite affidavit of merit and provided no loss of
time occurs.
NT: blanket denial is actually a general denial, in effect, is an  The party declared in default loses his standing in
admission court which prevents him from taking part in the
trial. Nevertheless, he is entitled to notices.
2. Partial denial  When a pleading asserts a claim against several
defending parties and some file and serve their
He denies only a part of the averment. He specifies that part
answers but the others do not, the court shall try the
of truth of which he admits and denies only the remainder.
case against all the defending parties based on the
3. Denial by disavowal of knowledge answers filed and render judgment upon the
evidence presented where the claim states a
The defendant alleges that he “is without knowledge or common cause of action against them.
information sufficient to form a belief as to the truth of a  Because there is a common cause of action against
material averment made in the complaint” the defending parties, where one of them failes to
answer, he may be declared in default but the court
Negative pregnant shall refrain from rendering a judgment by default
against such party because the case shall be tried
Mere repetition of the allegation made in the based on the answers of the other defending parties.
complaint.
REMEDIES OF DEFENDING PARTY DECLARED IN DEFAULT
SPECIFIC DENIAL MUST BE COUPLED WITH OATH
1. Remedy after notice of order and before judgment
1. Actionable document
2. Denial of allegation of usury in a complaint to File a motion under oath to set aside the order of
recover usurious interest default and property show: a. FAMEN, b. meritorious
defense
MATTERS NOT DEEMED ADMITTED BY FAILURE TO MAKE
SPECIFIC DENIAL 2. Remedy after judgment and before judgment
become final and executor
1. Amount of unliquidated damages
2. Conclusion in a pleading File a motion for new trial or appeal
3. Non-material averments or allegations because only
material allegations have to be denied 3. Remedy after the judgment becomes final and
executor
DEFAULT
File a petition for relief from judgment
A procedural concept that occurs when the defending party
fails to file his answer within the reglementary period. NO DECLARATION OF DEFAULT

Requisites before a party may be declared in default: 1. Annulment of marriage

2. Declaration of nullity of marriage
1. The court has validly acquired jurisdiction over the 3. Legal separation
defending party
2. The claiming party must file a motion to declare the COUNTERCLAIM
defending party in default
3. The claiming party must prove that the defending  The most common counterclaim filed by the
party has failed to answer within the period defendant, in the absence of any other counterclaim
provided is to claim in the same suit his expenses for being
4. The defending party must be notified of the motion forced to litigate in the face of an allegedly
to declare him in default unfounded and baseless complaint. Added to these
5. There must be a hearing of the motion to declare expenses are the alleged damages he sustained as a
the defending party in default consequence of the unfounded complaint.
 No motu proprio declaration of default exp in envt
Permissive counterclaim
cases
 The defendant who files his answer in time but failed There is an absence of logical connection with the subject
to serve a copy upon the adverse party, may validly matter of the complaint
be declared in default. This failure is not, however,
fatal because the declaration of default may be set

CIVIL PROCEDURE|GRT | 3
Compulsory vs permissive Two situations ins Sec 5, Rule 10

A. 1. When evidence is introduced on an issue not

A CC, which a party has at the time the answer is alleged in the pleadings and no objection was
filed shall be contained in the answer because a CC interposed by the other party
not set up shall be barred. 2. When evidence is offered on an issue not raised in
the pleadings but an objection was interjected.
A PC may be set up as an independent action and will  Amendment to cure jurisdictional defect before a
not be barred if not contained in the answer to the responsive pleading is served is allowed
complaint.
OMNIBUS MOTIOS
B.
A CC is not an initiatory pleading. Does not require This rule requires that a motion that attacks a pleading,
CAFS. judgment, order or proceeding shall include all grounds then
PC is initiatory pleading. Should be accompanied by available, and all objections not so included shall be deemed
certification against forum shopping waived.
C.
Docket fees and other lawful fees shall not be paid in Objections not deemed waived:
CC. 1. Court has no jurisdiction over the subject matter
2. Litis pendencia
Docket and lawful fees shall be paid in PC 3. Re judicata
4. Prescription
 The nature of the counterclaim notwithstanding, the
dismissal of the complaint does not ipso jure result SUMMONS
in the dismissal of the counterclaim.
One who seeks an affirmative relief is deemed to have
INTERVENTION submitted to the jurisdiction of the court.

Remedy by a third party, not originall impleaded in However, conditional appearance such that a party who
the proceedings, becomes a litigant to enable him to protect makes a special appearance to challenge the court’s
or preserve his right or interest which may be affected by the jurisdiction over his person cannot be considered to have
proceedings. submitted to its authority.

Requisites to intervene:  Whenever practicable, the summons shall be served

by handing a copy to the defendant in person, or if
1. There must be a motion for leave to intervene over he refuses to receive and sign for it, by tendering it
his filed before rendition of judgment by the trial to him.
court  Only if service in person cannot be made promptly
2. Movant must show legal interest can the process server resort to substituted service,
the failure to comply faithfully, strictly and fully will
AMENDMENT all the foregoing requirements of substituted service
renders the service of summons ineffective.
 even if the motion to dismiss is granted by the court,
the plaintiff may still amend his complaint as a Substituted service of summons
matter of right before the dismissal becomes final as
long as no answer has yet been served. The plaintiff,  The sheriff’s return must show the detail of the
“may file an amended complaint even after the effort to resorted to personally serve summons upon
original complaint was ordered dismissed, provided the defendant before substituted service is availed
that the order of dismissal is not yet final.” of. The return must contain a narration of the
 Leave of court is required for an amendment made circumstances showing efforts to personally serve
after service of a responsive pleading. The rule summons to the defendant and the impossibility of
assumes more force and effect especially when the personal service of summons.
amendment is substantial.  For substituted service to be available there must be
 Sec 5, Rule 10 covers situations where a complaint several attempts by the sheriff to personally serve
insufficiently states the cause of action. Such the summons within a reasonable period.
insufficiently may be cured by evidence presented  Several attempts means at least 3 tries, preferably
during the trial without objection. on at least two different dates.
 An action for injunction is a personal action, as well
as an action in personam, not an action in rem. As a
personal action, personal or substituted service of
CIVIL PROCEDURE|GRT | 4
 summons on the defendants, not extraterritorial EXP:
service, is necessary to confer jurisdiction on the
court. In an action for injunction , the extraterrorial 1. Lack of jurisdiction over the subject matter
service of summons and complaint upon the non- 2. That there is another action pending between the
resident defendants cannot subject them to the same parties for the same cause
processes of the RTC which are powerless to reach 3. That the action is barred by a prior judgment
them outside the region over which they exercise 4. That the action is barred by the statue of limitations.
their authority.  Under Sec 1 Rule 9, defenses and objections pleaded
either in motion to dismiss or in the answer are
deemed waived. The grounds, it has been ruled, do
not only supply exceptions to the rule that defenses
MODES OF EXTRATERRITORIAL and objections non pleaded either in a MTD or in an
answer are deemed waived. They are also the
1. By personal service grounds which allow courts to dismiss cases motu
2. By publication proprio provided that the ground for dismissal is
3. In any manner the court may deem sufficient apparent from the pleadings or the evidence on
record. Note that the ground for dismissal must be
Summons when complaint is amended
evident from the pleadings or evidence on record
 When the amendment is substantial, as when new before a dismissal may be effected by the court on
causes of actions are introduced, there is a need to its own motion.
serve another summons.  When a party moves for the dismissal of the
 Other cases make the need for another summons complaint based on LACHES, the trial court must set
dependent on whether or not the defendant has hearing on the motion where the parties shall
already appeared in the action at the time fo the submit, not only their arguments on the questions of
amendment of the complaint. Hence, new summons law, but also their evidence on the questions of fact
would be unnecessary when the defendant has involved. Thus being factual in nature, the elements
already submitted himself to the jurisdiction of the of laches must be proved or disproved through
court, as when he has filed a motion to dismiss prior presentation of evidence by the parties.
to the amendment.
RES JUDICATA
Options of defendant upon receipt of complaint:
 A final judgment or decree on the merits rendered
1. Bill of particulars by a court of competent jurisdiction is conclusive of
2. Motion to dismiss the rights of the parties or their privies in all later
3. Answer suits and all later suits and on all points and matters
determined in the previous suit.
BILL OF PARTICULARS
Bar by former judgment (Claim preclusion)
The function of which is to clarify the allegations in the
pleading so an adverse party may be informed with certainty The effect of a judgment as a bar to the prosecution of a
of the exact character of the cause of action or defense. second action upon the same claim, demand or cause of
action.
Option of the court upon receipt:
Conclusiveness of judgment (Collateral estoppel)
1. Deny the motion outright
2. Grant This precludes the relitigation of a particular fact of issue in
3. Hold a hearing on the motion or allow the parties another action between the same parties on a different claim
the opportunity to be heard or cause of action.

The options available to the court disclose that a hearing is ELEMENTS OF RES JUDICATA (in relation to bar by prior
not mandatory before it denies or grants the motion, the judgment)
holding of a hearing being one that is addressed to judicial
1. Former judgment must be final
discretion.
2. The court which rendered it had jurisdiction over the
MOTION TO DISMISS subject matter and the parties
3. The judgment must be on the merits
GR: A MTD that is filed, after the answer has been filed, is 4. There must be between the first and the second
considered filed out of time and the defending party is actions, identity of parties, subject matter and
stopped from filing the motion to dismiss. causes of action.

CIVIL PROCEDURE|GRT | 5
LITIS PENDENTIA  The failure of the defendant to appear in the pre-
trial shall be a cause to allow the plaintiff to present
 It refers to a situation where two actions are his evidence ex parte and for the court to render
pending between the same parties for the same judgment on the basis of the evidence presented by
cause of action, so that one of them becomes the plaintiff.
unnecessary and vexatious.  The defendant who feels aggrieved by the order may
move for reconsideration of the order, and if the
Requisites: denial is tainted with grave abuse of discretion, he
may file a petition for certiorari.
1. The identity of parties
 The current rule establishes the policy that no
2. Identity of rights asserted and relief prayed for, the
evidence shall be allowed to be presented and
relief being founded on the same facts
offered during the trial support of a party’s
3. Identity of two cases such that judgment in one,
evidence-in-chief other than those that had been
regardless of which party is successful, would
earlier identified and pre-marked during the pre-
amount to res judicata in the other
trial, except if allowed by the court for good cause
GR: the trial court’s denial of the MTD is not a license for the shown.
defendant to file a Rule 65 petition before the CA. an order  The failure to file the pre-trial brief shall have the
denying a MTD cannot be the subject of a petition for same effect as failure to appear at the pre-trial.
certiorari as the defendant still has an adequate remedy Hence, if it is the plaintiff who fails to file pre-trial
before the trial court--- file an answer. brief, such failure shall be cause for dismissal if the
action. If it is the defendant who fails to do so, such
EXP: in order to justify the grant of extraordinary remedy of failure shall be cause to allow the plaintiff to present
certiorari, the denial of the MTD must have been tainted with his evidence ex parte.
grave abuse of discretion amounting to lack or excess of
jurisdiction. ONE DAY EXAMINATION OF WITNESS RULE

Two dismissal rule The court shall ask the parties to agree on the specific dates
for continuous trial, adhere to the case flow chart determined
a. Twice dismissed by the court, and use the time frame for each stage in setting
b. Based on or including the same claim the trial dates.
c. Court of competent jurisdiction
 If the refilled claim or complaint is dismissed again Shall be required where the witness shall be fully examined in
through a second notice of dismissal, that second one day only, subject to the court’s discretion during the trial
notice triggers the application of two-dismissal rule on whether or not to extend the examination for justifiable
and the dismissal is to be deemed one with cause.
prejudice because it is considered as an adjudication
MOST IMPORTANT WITNESS RULE
upon the merits.
 If a counterclaim has already been pleaded by the When no settlement has been effected, the court shall
defendant prior to the service upon him of the determine the most important witnesses, limit the number of
plaintiff’s MTD, the court grants the said motion to such witnesses and require the parties and/or counsels to
dismiss, the dismissal shall be limited to the submit to the branch clerk of court the names, addresses and
complaint. The counterclaim is not dismissed, contact numbers of the witnesses to be summoned by
whether it is permissive or compulsory. subpoena. Note, however, that the court may also refer the
case to a trial by commissioner.
PRE-TRIAL
MODES OF DISCOVERY
 It shall be the duty of both parties and their counsels
to appear at the pre trial 1. Depositions pending action
 The failure of the plaintiff to appear shall be cause 2. Depositions before action or pending appeal
for the dismissal of the action. This dismissal shall be 3. Interrogatories to parties
with prejudice except when the court orders 4. Admission to adverse party
otherwise. 5. Production or inspection of documents or things
 Since the dismissal of the action shall be with 6. Physical and mental examination of persons
prejudice, unless otherwise provided, the same shall
have the effect of an adjudication on the merits, DEPOSITION
thus, final. The remedy of the plaintiff, therefore, is
to appeal from the order of dismissal. An order It is the taking of the testimony of any person, whether he be
dismissing an action with prejudice is appealable. a party or not, but at the instance of a party to the action.

CIVIL PROCEDURE|GRT | 6
Depositions pending appeal representatives or successors in interest, is
afterwards brought, all the depositions lawfully
 Leave of court is not required after an answer has taken and duly filed in the former action may be
been served, but leave of court is required before used in the latter as if originally taken.
the service of an answer but after jurisdiction has
been acquired over any defendant or over the Deposition upon written interrogatories
property subject of the action.
 Deposition of a prisoner may be taken only with  A party desiring to take the deposition of any person
leave of court and upon such terms as the court upon written interrogatories shall serve the
may prescribe. interrogatories upon every other party with a notice
stating the name and address of the person who is
Examination of the deponent to answer them, the name and descriptive title and
address of the officer before whom the deposition is
 A party desiring to take the deposition of any person to be taken.
upon oral examination shall give reasonable notice  The party served with the interrogatories may also
in writing to every party to the action stating the serve cross-interrogates upon the party proposing
time and place for taking the deposition and name to take the deposition within 10 days from service.
and address of each person to be examined. Ater Re-direct within 5 days and within 3 days after, a
notice is served, the court may make any order for party may serve re-cross interrogatories upon the
the protection of the parties and the deponents. party proposing to take the deposition.
 Attendance of witness may be compelled by the use
of subpoena. Deposition before action

Use of depositions  Availed of when a person desires to perpetuate his

own testimony or that of another person regarding
a. For contradicting or impeaching the testimony of the any matter that may be cognizable in any court of
deponent as a witness the PH.
b. For any purpose by the adverse party where the
deponent is a party or, at the time of taking the Interrogatories to parties
deposition was an officer, director, managing agent
of a public or private corporation, or partnership,  This mode is availed of by a party to the action for
association which is a party the purpose of eliciting material and relevant facts
c. For any purpose by any party, where the deponent is from any adverse party. The purpose of written
a witness, whether or not a party, if the court finds interrogatories is to assist the parties in clarifying
that: the issues and in ascertaining the facts involved in a
i. Witness is dead case.
ii. The witness resides more than 100
km from the place of trial or Distinguished from written interrogatories in a deposition
hearing or is out of the PH, unless
 Written interrogatories in a deposition are not
it appears that his absence was
served upon the adverse party directly. They are
procured by the party offering
instead delivered to the officer designated in the
deposition
notice. The service of written interrogatories is a
iii. Witness is unable to attend or
mode of deposition separate and distinct from
testify because of age, sickness,
interrogatories to parties. Interrogatories to parties
infirmity or imprisonment
are served directly upon the adverse party.
iv. Party offering the deposition has
been unable to procure the Admission by adverse party
attendance of witnesses by
subpoena  The purpose of this mode is to allow one party to
v. When exceptional circumstances request the adverse party, in writing, to admit
exists upon application and notice certain material and relevant matters which, most
likely, will not be disputed during the trial. To avoid
Effect of substitution of parties unnecessary inconvenience to the parties in going
through the rigors of proof before the trial, a party
 The substitution of parties does not affect the right
may request the other to:
to use the deposition previously taken. The same
a. Admit the genuineness of any material and
rule also provides that when an action has been
relevant document described in and exhibited
dismissed and another action involving the same
with the request
subject and between the same parties or their
CIVIL PROCEDURE|GRT | 7
 b. Admit the truth of any material and relevant Effect of denial of the demurrer to evidence
fact set forth in the request
 The denial of the demurrer to evidence does not
Effect of not filing a written request for admission deprive the defendant of the opportunity to adduce
evidence in his behalf.
 As a consequence of the failure to avail of this mode,  If the demurrer is denied, the defendant shall have
the party shall not be permitted to present evidence the right to present evidence. Hence, where a court
on facts that are material and relevant and which denies a demurrer to evidence, it should set the date
are, or ought to be, within the personal knowledge for the reception of the defendant’s evidence in
of the other party, unless otherwise allowed by the chief. It should not proceed to grant the relief
court for good cause shown and to prevent a failure demanded by the plaintiff.
of justice.  Ann order denying a demurrer to the evidence is
 Within one day from receipt of the complaint, the interlocutory and is, therefore, not appealable. It can
rule mandates not only the preparation of the however be the subject of a petition for certiorari in
summons but also the issuance of an order requiring case of grave abuse of discretion or an oppressive
the parties to avail of interrogatories to parties exercise of judicial authority.
under Rule 25 and request for admission by adverse
party under Rule 26, Effect of granting demurrer to evidence

Failure to attend depositions or to serve answers to  If the demurrer is granted, the case shall be
interrogatories dismissed. However, if on appeal, the order granting
the motions is reversed, the defendant loses his right
 The court may to present evidence.
a. Strike out all or any part of the pleading of that
party DTE CIVIL DTE CRIMINAL
b. Dismiss the action or proceeding or any part Leave of court is not required With or without leave of
thereof before filing a demurrer court
c. Enter a judgment by default against that party The demurrer is granted, the Order of dismissal is not
and in its discretion order of dismissal is appealable because of the
d. Order him to pay reasonable expenses incurred appealable constitutional policy against
by the other DJ. The dismissal is
 The consequences under Sec 5 Rule 29 will apply if a equivalent to the acquittal of
party refuses to answer the whole set of written the accused.
interrogatories and not just a particular question. If denied, the defendant may The accused may adduce his
 Where the party, upon whom the written proceed to present his evidence only if the
interrogatories is served, refuses to answer a evidence demurrer is filed with leave
particular question in the set of written The court cannot, on its own, Court may, on its own, make
interrogatories and despite an order compelling him make a demurrer demurrer
to answer the particular question, still refuses to
obey the order.
JUDGMENT
DEMURRER TO EVIDENCE
Requisites of a valid judgment:
MTD DTE
Made before the filing of an Made after the plaintiff rests 1. The court or tribunal must be clothed with
answer his case authority to hear and determine the matter before
Several grounds under Rule Only one ground; plaintiff it
16 has shown no right to relief 2. The court must have jurisdiction over the parties
If MTD is denied, the Defendant may present his and the subject matter
defendant may file his evidence 3. The parties must have been given an opportunity to
responsive pleading adduce evidence in their behalf
If MTD is granted, the Complaint may not be 4. The evidence must have been considered by the
complaint may be refilled, refilled and the remedy of tribunal in deciding the case
depending on the ground for the plaintiff is to appeal from 5. The judgment must be in writing, personally and
dismissal. the order of dismissal directly prepared by the judge.
6. The judgment must state clearly the facts and the
law upon which it is based, signed by the judge and
filed with the clerk of court.

CIVIL PROCEDURE|GRT | 8
 parties in the case continues to be the law of the
case, whether correct on general principles or not,
Memorandum decision so long as the facts on which such decision was
predicated continue to be the facts of the case
One rendered by an appellate court and incorporates by before the court.
reference the findings of fact and conclusions of law  This principle generally finds application in cases
contained in the decision order under review. where an appellate court passes on a question and
remands the case to the lower court for further
Judgment penned by a judge who did not hear the evidence
proceedings. The question there settled becomes
 The succeeding judge can examine and evaluate the the law of the case upon subsequent appeal
evidence already presented by the simple expedient
Several judgment
of going over the transcripts of the testimony of the
witness in the same manner as appellate courts  One rendered by a court against one or more
review the evidence on record. defendants, but not against all, leaving the action to
 In case of a final order or judgment against a person, proceed against the other
such judgment or final order is presumptive
evidence of a right between the parties and their Separate judgment
successors in interest by a subsequent title.
 Final judgment or order may be repelled by evidence  Presupposes that there are several claims for relief
of presented in a single action.
a. Want of jurisdiction
b. Want of notice to the party Conditional judgment
c. Collusion
d. Fraud  One the effectivity of which depends upon the
e. Clear mistake of law or fact occurrence or the non-occurrence of an event. Such
judgment is generally void because of the absence of
Doctrine of Immutability of Judgment (Conclusiveness of a disposition.
Judgment)
Judgment sin perjuicio
A judgment that has attained finality can no longer be
disturbed.  A brief judgment containing only the dispositive
portion, without prejudice to the making of a more
As long as it becomes final and executor, a judgment may no extensive discussion of the findings of fact and law
longer be disturbed, altered or modified. to support it.

EXCEPTIONS Judgment nun pro tunc

1. Correction of clerical errors  One intended to enter into the record acts which
2. Nun pro tunc entries which cause no prejudice to had already been done, but which do not yet appear
any party in the record.
3. Whenever circumstances transpire after the finality  It is a judgment which orders the entry of something
of the decision rendering its execution unjust and which was actually previously done. Its purpose is
inequitable not to supply an omitted action by the court but to
4. In cases of special and exceptional nature as when enter into the record an action previously done but
facts and circumstances transpire which render the which was not reflected in the record by reason of
judgement’s execution impossible or unjust, when inadvertence or mistake.
necessary in the interest of justice to direct its
modification to harmonize the disposition with Judgment upon a compromise
prevailing circumstances
 A judgment rendered by the court on the basis of a
5. Void judgments
compromise agreement entered into between the
6. Where there is strong showing that a grave injustice
parties.
would result from the application
 Once approved by the court, a judicial compromise is
7. When there are grounds for annulment of the
not appealable and it thereby becomes immediately
judgment or petition for relief
executory.
DOCTRINE OF LAW OF THE CASE

 Whatever is once irrevocably established as the

controlling legal rule or decision between the same
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JUDGMENT ON THE PLEADINGS  Must be filed within the taking of appeal. The period
for appeal depends on whether the appeal is mere
 Appropriate when an answer to a claim fails to notice of appeal or record on appeal (15;30)
tender an issue, or otherwise admits the material
allegations of the adverse party’s pleading. Grounds:
 An answer admits the material allegations of the
adverse party’s pleading by: 1. That the damages awarded are excessive
1. Expressly admitting the truth of such allegation 2. That the evidence is insufficient to justify the
2. Failing to make a specific denial of material decision or final order
allegations 3. That the decision or final order is contrary to law
3. Omitting to deal with them at all
SINGLE MOTION RULE
Judgment on pleadings will NOT apply when:
 A second motion for reconsideration is prohibited
1. Actions for the declaration of nullity of a marriage and can only be allowed on extraordinarily
2. Actions for annulment of marriage persuasive reasons and only after an express leave
3. Actions for legal separation shall have been first obtained.
 A second motion for reconsideration directed
SUMMARY JUDGMENT against an amended decision that totally reversed
and set aside a previous ruling is not prohibited.
 Proper where, upon a motion filed after the issues
had been joined and on the basis of the pleadings MOTION FOR NEW TRIAL
and papers filed, the court finds that there is no
genuine issue as to any material fact except as to the When not available:
amount of damages.
 A summary judgment is permitted only if there is no 1. Summary procedure
genuine issue as to any material fact and a moving 2. Small claims
party is entitled to a judgment as matter of law
Grounds:
because while the pleadings, on their face, appear to
raise issues, the affifavits, depositions and 1. FAMEN which ordinary prudence could not have
admissions presented by the moving party are not guarded against and, by reason of which, such
genuine. aggrieved party has probably been impaired in his
rights
POST JUDGMENT REMEDIES
2. Newly discovered evidence, which he could not, with
1. Motion for reconsideration reasonable diligence, have discovered and produced
2. Motion for new trial at the trial ad which if presented, would probably
3. Appeal alter the result.

After the judgment becomes final and executor, the losing SECOND MOTION FOR NEW TRIAL
party may avail of the following:
 A second motion for new trial is allowed. When a
1. Petition for relief from judgment ground for a new trial was not existing or available
2. action to annul a judgment when the first motion was made, a second motion
3. petition for certiorari for new trial may be filed within a period allowed
4. collateral attack of a judgment but excluding the time during which the first motion
had been pending.
MOTION FOR RECONSIDERATION

 the MFR to under Rule 37 is that one that is directed

against a judgment or a final order. It is not the MFR
of an interlocutory order which normally precedes a
petition for certiorari under Rule 65.

Not available in the following cases:

1. summary procedure
2. small claims cases
3. Writ of amparo- the MFR here is against
interlocutory order
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