Document: Guerrero Estate Development Corporation vs Leviste (G.R. No. 253428) (CASE-AVQ439-rw) | Section: Syllabi

Remedial Law; Civil Procedure; Jurisdiction; “Acquisition of Jurisdiction” and “Exercise of Jurisdiction,” “Distinguished.”—It must be emphasized that “a court’s acquisition of jurisdiction over a particular case’s subject matter is different from incidents pertaining to the exercise of jurisdiction.” The Court in Gonzales v. GJH Land, Inc. (Gonzales), 774 SCRA 242 (2015), differentiated these two matters as follows: Jurisdiction over the subject matter of a case is conferred by law, whereas a court’s exercise of jurisdiction, unless provided by the law itself, is governed by the Rules of Court or by the orders issued from time to time by the Court. In Lozada v. Bracewell, it was recently held that the matter of whether the RTC resolves an

36

issue in the exercise of its original jurisdiction or of its limited jurisdiction as a special court is only a matter of procedure and has nothing to do with the question of jurisdiction.

Document: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09 (DSR-G.R. Nos. 88158 & 97108-09) | Section: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09

1. REMEDIAL LAW; Jurisdiction; DEFINED AND CLASSIFICATION. — Jurisdiction or the legal power to hear and determine a cause or causes of action, must exist as a matter of law. It may be classified into original Jurisdiction and appellate Jurisdiction. Original Jurisdiction is the power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. Appellate Jurisdiction is the authority of a Court higher in rank to re-examine the final order or judgment of a lower Court which tried the case now elevated for judicial review (Remedial Law Compendium, Regalado, Florenz D., Fifth Revised Edition, Vol. 1, p. 3). Since the two jurisdictions are exclusive of each other, each must be expressly conferred by law. One does not flow from, nor is inferred from, the other.

2. ID.; SPECIAL CIVIL ACTIONS; Certiorari; AUTHORITY TO ISSUE WRIT INVOLVES THE EXERCISE OF ORIGINAL Jurisdiction; COMELEC ONLY WITH APPELLATE Jurisdiction. — In the Philippine setting, the authority to issue Writs of Certiorari, Prohibition and Mandamus involves the exercise of original Jurisdiction. Thus, such authority has always been expressly conferred, either by the Constitution or by law. What the Constitution granted the COMELEC was appellate Jurisdiction. The Constitution makes no mention of any power given the COMELEC to exercise original Jurisdiction over Petitions for Certiorari, Prohibition and Mandamus unlike in the case of the Supreme Court which was specifically conferred such authority (Art. VIII, Sec, 5[1]). The immutable doctrine being that Jurisdiction is fixed by law, the power to issue such Writs cannot be implied from the mere existence of appellate Jurisdiction. Just as implied repeal of statutes are frowned upon, so also should the grant of original Jurisdiction by mere implication to a quasi-judicial body tabooed. If appellate Jurisdiction has to be statutorily granted, how much more the original Jurisdiction to issue the prerogative Writs?

Document: Department of Agrarian Reform vs Trinidad Valley Realty (G.R. No. 173386) (CASE-ASW359-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; It is a cardinal principle in remedial law that the jurisdiction of a court over the subject matter of an action is determined by the law in force at the time of the filing of the complaint and the allegations of the complaint.—It is a cardinal principle in remedial law that the jurisdiction of a court over the subject matter of an action is determined by the law in force at the time of the filing of the complaint and the allegations of the complaint. Jurisdiction is determined exclusively by the Constitution and the law and cannot be conferred by the voluntary act or agreement of the parties. It cannot also be acquired through or waived, enlarged or diminished by their act or omission, nor conferred by the acquiescence of the court. It is neither for the court nor the parties to violate or disregard the rule, this matter being legislative in character. The nature of an action, as well as which court or body has jurisdiction over it, is determined based on the allegations contained in the complaint of the plaintiff, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. The averments in the complaint and the character of the relief sought are the ones to be consulted. Once vested by the allegations in the complaint, jurisdiction also remains vested irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein.

Document: Jurisdictional Defects as Ground for Motion to Dismiss (CASE-163 SCRA 550) | Section: § 2. Nature of Jurisdiction

§ 2. Nature of Jurisdiction

Jurisdiction being derived from the Latin terms "juris" and "dico" which mean "I speak by the law" has been defined by the Supreme Court as the authority to hear and determine a cause. It is conferred by law and vested in the court, not in the judges. In this regard, when a complaint or information is filed before one branch or judge, jurisdiction does not attach to said branch or judge alone, to the exclusion of the others, so that trial may be had or proceedings may be continued by or before another branch or judge.

Jurisdiction should be distinguished from an exercise thereof. The authority to decide a case, not the decision rendered therein, is what makes up jurisdiction. Thus, if jurisdiction exists, decisions on all questions arising in the case is but an exercise of jurisdiction. In this regard, jurisdiction does not depend upon the regularity of the exercise thereof or upon the rightfulness of the decisions made.

Document: Lim vs Gamosa (G.R. No. 193964) (CASE-ASS284-rw) | Section: Syllabi

Remedial Law; Civil Procedure; Jurisdiction; Primary Jurisdiction; Doctrine of Prior Resort; Words and Phrases; Primary jurisdiction, also known as the doctrine of Prior Resort, is the power and authority vested by the Constitution or by statute upon an administrative body to act upon a matter by virtue of its specific competence.—Primary jurisdiction, also known as the doctrine of Prior Resort, is the power and authority vested by the Constitution or by statute upon an administrative body to act upon a matter by virtue of its specific competence. The doctrine of primary jurisdiction prevents the court from arrogating unto itself the authority to resolve a controversy which falls under the jurisdiction of a tribunal possessed with special competence. In one occasion, we have held that regular courts cannot or should not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal before the question is resolved by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience, and services of the administrative tribunal to determine technical and intricate matters of fact, and a uniformity of ruling is essential to comply with the premises of the regulatory statute administered. The objective of

648

the doctrine of primary jurisdiction is to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some question arising in the proceeding before the court.

Same; Same; Same; Same; Same; Primary jurisdiction does not necessarily denote exclusive jurisdiction.—Primary jurisdiction does not necessarily denote exclusive jurisdiction. It applies where a claim is originally cognizable in the courts and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, has been placed within the special competence of an administrative body; in such case, the judicial process is suspended pending referral of such issues to the administrative body for its view. In some instances, the Constitution and statutes grant the administrative body primary jurisdiction, concurrent with either similarly authorized government agencies or the regular courts, such as the distinct kinds of jurisdiction bestowed by the Constitution and statutes on the Ombudsman.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 4

**RULE 4

VENUE OF ACTIONS**

SECTION 1. *Venue of real actions.—  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.  (1[a], 2[a]a)

SEC. 2. *Venue of personal actions.—  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.  (2[b]a)

SEC. 3. *Venue of actions against nonresidents—  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.  (2[c]a)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 4 VENUE OF ACTIONS

Rule 4VENUE OF ACTIONS

Section 1. Venue in inferior courts.— (a) Real actions.— Forcible entry and detainer actions regarding real property shall be brought in the municipality or city in which the subject matter thereof is situated.  If the property be found in two or more municipalities or cities, actions may be brought in any of them, at the option of the plaintiff.(b) Personal actions.— All other civil actions in inferior courts shall be brought:

In the place specified by the parties by means of a written agreement, whenever the court shall have jurisdiction to try the action by reason of its nature or the amount involved;

If there is no such agreement, in the place of the execution of the contract sued upon as appears therefrom;

When the place of execution of the written contract sued upon does not appear therein, or the action is not upon a written contract, then in the municipality where the defendant or any of the defendants resides or may be served with summons.

Sec. 2. Venue in Courts of First Instance.— (a) Real actions.—Actions affecting title to, or for recovery of possession, or for partition or condemnation of, or foreclosure of mortgage on, real property, shall be commenced and tried in the province where the property or any part thereof lies.(b) Personal actions.— All other actions may be commenced and tried where the defendant or any of the defendants resides or may be found, or where the plaintiff or any of the plaintiffs resides, at the election of the plaintiff.(c) Actions against nonresidents.—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 the defendant located in the Philippines, the action may be commenced and tried in the province where the plaintiff resides or the property, or any portion thereof, is situated or found.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 13. Prohibited pleadings and motions.**— The following petitions, motions, or pleadings shall not be allowed

SEC. 17. *Judgment.—  If after trial the court finds that the allegations of the complaint are true, it shall render judgment in favor of the plaintiff for the restitution of the premises, the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, attorney's fees and costs. If it finds that said allegations are not true, it shall render judgment for the defendant to recover his costs. If a counterclaim is established, the court shall render judgment for the sum found in arrears from either party and award costs as justice requires.  (6a)

SEC. 18. *Judgment conclusive only on possession; not conclusive in actions involving title or ownership.—  The judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or building. Such judgment shall not bar an action between the same parties respecting title to the land or building.

The judgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Court.  (7a)

SEC. 19. *Immediate execution of judgment; how to stay same.—  If judgment is rendered against the defendant, execution shall issue immediately upon motion, unless an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas bond, approved by the  Municipal Trial Court and executed  in favor of the plaintiff to pay the rents, damages, and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under the contract, if any, as determined by the judgment of the Municipal Trial Court. In the absence of a contract, he shall deposit with the Regional Trial Court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period. The supersedeas bond shall be transmitted by the Municipal Trial Court, with the other papers, to the clerk of the Regional Trial Court to which the action is appealed.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 15. Notice of sale of property on execution.**— Before the sale of property on execution, notice thereof must be given as follows

SEC. 48. *Effect of foreign judgments or final orders. —  The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows:

(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and

(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.  (50a)

**APPEALS

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Sec. 3. Venue by agreement.*— By written agreement of the parties the venue of an action may be changed or transferred from one province to another.

Sec. 3. Venue by agreement.— By written agreement of the parties the venue of an action may be changed or transferred from one province to another.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 4. *Jurisdiction over person of respondent, how acquired.—  The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction.  (n)

SEC. 5. *Action by the court.—  The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.  (n)

SEC. 6. *Determination of factual issues.—  Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issues to any of its ,members or to an appropriate court, agency or office. (n)

SEC. 7. *Effect of failure to file comment.—  When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party.  (n)

Document: Rules of Court the Supreme Court of the Philippine Islands, the Courts of First Instance, and Rules for the Examination of Candidates for Admission to the Practice of Law (RULE-371) | Section: RULES OF COURT THE SUPREME COURT OF THE PHILIPPINE ISLANDS, THE COURTS OF FIRST INSTANCE, AND RULES

Costs shall be taxed by the clerk on five days’ written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs claimed by the prevailing part, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by the lower court. If taxed after the entry of the judgment payment of the costs shall be enforced by execution issued by the clerk of this court, addressed to the sheriff of the court below.

When the record in this court contains any unnecessary, irrelevant, or immaterial matter, the party at whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement for preparing, certifying, or printing such unnecessary matter.

Upon remanding the case the clerk shall transmit to the court below a certified copy of the judgment.

ORIGINAL JURISDICTION.

When the original jurisdiction of this court is invoked in cases of certiorari, mandamus, prohibition, and quo warranto the same procedure shall be followed, with respect to the service of process and notices and the filing of pleadings as is prescribed by the Code of Civil Procedure and the Rules of Court for actions in which the Courts of First Instance have original jurisdiction.

In original proceedings in habeas corpus in this court in criminal cases the officer shall serve a copy of the writ and petition on the Attorney-General at the time he serves the writ on the respondent, and for this purpose the petitioner shall file with his petition two copies thereof.

CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES.

Document: Rules of Court the Supreme Court of the Philippine Islands, the Courts of First Instance, and Rules for the Examination of Candidates for Admission to the Practice of Law (RULE-371) | Section: RULES OF COURT THE SUPREME COURT OF THE PHILIPPINE ISLANDS, THE COURTS OF FIRST INSTANCE, AND RULES

(a) Whenever it is made to appear by notice in writing that any party to a civil case in which final judgment has been rendered by this court intends to petition the Supreme Court of the United States for a writ of certiorari for the review of the decision and judgment of this court, and it appears that the case is one which, by reason of the amount involved or the nature of the questions of law presented, may be removed to the Supreme Court of the United States by writ of certiorari, and it further appears that the party intending to make application for such writ desires to stay the enforcement of the judgment of this court during the pendency of the application for the writ of certiorari and of the proceedings in the Supreme Court of the United States, if such is granted, this court shall grant a stay, for a term not to exceed ten days, within which the moving party may give a supersedeas bond, and shall designate one of its members to determine the sufficiency of such bond.

(b) Within the time limited by the order the moving party shall cause to be delivered to the designated justice a bond subscribed by an authorized surety company or by two or more individuals, as solidary sureties, conditioned for the performance of the judgment which it is sought to stay, in the event that the moving party shall fail, for any cause whatever, to obtain a writ of certiorari from the Supreme Court of the United States or of its affirmance by that court, wholly or in part, should the writ of certiorari be granted, whether such affirmance is upon the merits of the appeal or is the result of the dismissal of the proceeding for any cause whatever.

(c) Before the bond tendered by the moving party is accepted the justice authorized to approve it shall give the adverse party ample opportunity to be heard as to the legal sufficiency of the bond and the solvency of the sureties.

(d) The filing of the supersedeas bond, approved as herein provided shall operate as a stay of the mittimus or of the execution of the judgment until further order of this court.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 55

**RULE 55

PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS**

SECTION 1. *Publication.—  The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court in the language hi which they have been originally written, together with the syllabi therefor prepared by the reporter in consultation with the writers thereof. Memoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official Gazette and the authorized reports.  (1a)

SEC. 2. *Preparation of opinions for publication. —  The reporter shall prepare and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case, the names of counsel, the material and controverted points involved, the authorities cited therein, and a syllabus which shall be confined to points of law.  (Sec. 22a, RA. No. 296) (n)

SEC. 3. *General make-up of volumes.—  The published decisions and final resolutions of the Supreme Court shall be called "Philippine Reports," while those of the Court of Appeals shall be known as the "Court of Appeals Reports." Each volume thereof shall contain a table of the cases reported and the cases cited in the opinions, with a complete alphabetical index of the subject matters of the volume. It shall consist of not less than seven hundred pages printed upon good paper, well bound and numbered consecutively in the order of the volumes published. (Sec. 23a, RA. No. 296).  (n)

**PROCEDURE IN THE SUPREME COURT

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SECTION 1. Scope.**— This Rule shall govern the review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit. (n)

SECTION 1. *Scope.—  This Rule shall govern the review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit.  (n)

SEC. 2. *Mode of review.—  A judgment or final order or resolution of the the Commission on Elections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65, except as hereinafter provided.  (n)

SEC. 3. *Time to file petition. —  The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. The filing of a motion for new trial or reconsideration of said judgment or final order or resolution, if allowed under the procedural rules of the Commission concerned, shall interrupt the period herein fixed. If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial.  (n)

SEC. 4. *Docket and other lawful fees.—  Upon the filing of the petition, the petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of P500.00 for costs.  (n)

SEC. 5. *Form and contents of petition.—  The petition shall be verified and filed in eighteen (18) legible copies. The petition shall name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment, final order or resolution a quo. The petition shall state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review, and pray for judgment annulling or modifying the questioned judgment, final order or resolution. Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable.

The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. The requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition.

Document: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09 (DSR-G.R. Nos. 88158 & 97108-09) | Section: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09

1. REMEDIAL LAW; Jurisdiction; DEFINED AND CLASSIFICATION. — Jurisdiction or the legal power to hear and determine a cause or causes of action, must exist as a matter of law. It may be classified into original Jurisdiction and appellate Jurisdiction. Original Jurisdiction is the power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. Appellate Jurisdiction is the authority of a Court higher in rank to re-examine the final order or judgment of a lower Court which tried the case now elevated for judicial review (Remedial Law Compendium, Regalado, Florenz D., Fifth Revised Edition, Vol. 1, p. 3). Since the two jurisdictions are exclusive of each other, each must be expressly conferred by law. One does not flow from, nor is inferred from, the other.

2. ID.; SPECIAL CIVIL ACTIONS; Certiorari; AUTHORITY TO ISSUE WRIT INVOLVES THE EXERCISE OF ORIGINAL Jurisdiction; COMELEC ONLY WITH APPELLATE Jurisdiction. — In the Philippine setting, the authority to issue Writs of Certiorari, Prohibition and Mandamus involves the exercise of original Jurisdiction. Thus, such authority has always been expressly conferred, either by the Constitution or by law. What the Constitution granted the COMELEC was appellate Jurisdiction. The Constitution makes no mention of any power given the COMELEC to exercise original Jurisdiction over Petitions for Certiorari, Prohibition and Mandamus unlike in the case of the Supreme Court which was specifically conferred such authority (Art. VIII, Sec, 5[1]). The immutable doctrine being that Jurisdiction is fixed by law, the power to issue such Writs cannot be implied from the mere existence of appellate Jurisdiction. Just as implied repeal of statutes are frowned upon, so also should the grant of original Jurisdiction by mere implication to a quasi-judicial body tabooed. If appellate Jurisdiction has to be statutorily granted, how much more the original Jurisdiction to issue the prerogative Writs?

Document: Department of Agrarian Reform vs Trinidad Valley Realty (G.R. No. 173386) (CASE-ASW359-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; It is a cardinal principle in remedial law that the jurisdiction of a court over the subject matter of an action is determined by the law in force at the time of the filing of the complaint and the allegations of the complaint.—It is a cardinal principle in remedial law that the jurisdiction of a court over the subject matter of an action is determined by the law in force at the time of the filing of the complaint and the allegations of the complaint. Jurisdiction is determined exclusively by the Constitution and the law and cannot be conferred by the voluntary act or agreement of the parties. It cannot also be acquired through or waived, enlarged or diminished by their act or omission, nor conferred by the acquiescence of the court. It is neither for the court nor the parties to violate or disregard the rule, this matter being legislative in character. The nature of an action, as well as which court or body has jurisdiction over it, is determined based on the allegations contained in the complaint of the plaintiff, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. The averments in the complaint and the character of the relief sought are the ones to be consulted. Once vested by the allegations in the complaint, jurisdiction also remains vested irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein.

Document: Lagundi v Bautista (G.R. No. 207269) (CASE-AVH628-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; Jurisdiction Over the Subject Matter; Jurisdiction over the subject matter of a complaint or “the power to hear and determine cases of the general class to which the proceedings in question belong” is conferred by law, and not by mere consent of the parties.—Jurisdiction over the subject matter of a complaint or “the power to hear and determine cases of the general class to which the proceedings in question belong” is conferred by law, and not by mere consent of the parties. Being conferred by law, the issue of jurisdiction over the subject matter may be raised at any stage of the proceedings, during trial or on appeal, and is not lost by waiver or by estoppel. Lack of jurisdiction over the subject matter is one of the exceptional grounds when the court may dismiss a case at any time, if it appears from the plead479

ings or evidence on record that this ground exists. Moreso, a party challenging a court’s lack of jurisdiction is not estopped, where that party does not secure any advantage or the adverse party does not suffer any harm.

Same; Same; Same; Same; To determine whether a court has jurisdiction over the subject matter, the material allegations of the complaint must be examined, along with the relief sought by the party, and the law in force at the commencement of the action.—To determine whether a court has jurisdiction over the subject matter, the material allegations of the complaint must be examined, along with the relief sought by the party, and the law in force at the commencement of the action. Courts must apply the law on jurisdiction in relation to the allegations of ultimate facts in the complaint, regardless of whether the party is entitled to recover upon some or all of the claims asserted in the complaint.

Document: Lim vs Gamosa (G.R. No. 193964) (CASE-ASS284-rw) | Section: Syllabi

Remedial Law; Civil Procedure; Jurisdiction; Primary Jurisdiction; Doctrine of Prior Resort; Words and Phrases; Primary jurisdiction, also known as the doctrine of Prior Resort, is the power and authority vested by the Constitution or by statute upon an administrative body to act upon a matter by virtue of its specific competence.—Primary jurisdiction, also known as the doctrine of Prior Resort, is the power and authority vested by the Constitution or by statute upon an administrative body to act upon a matter by virtue of its specific competence. The doctrine of primary jurisdiction prevents the court from arrogating unto itself the authority to resolve a controversy which falls under the jurisdiction of a tribunal possessed with special competence. In one occasion, we have held that regular courts cannot or should not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal before the question is resolved by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience, and services of the administrative tribunal to determine technical and intricate matters of fact, and a uniformity of ruling is essential to comply with the premises of the regulatory statute administered. The objective of

648

the doctrine of primary jurisdiction is to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some question arising in the proceeding before the court.

Same; Same; Same; Same; Same; Primary jurisdiction does not necessarily denote exclusive jurisdiction.—Primary jurisdiction does not necessarily denote exclusive jurisdiction. It applies where a claim is originally cognizable in the courts and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, has been placed within the special competence of an administrative body; in such case, the judicial process is suspended pending referral of such issues to the administrative body for its view. In some instances, the Constitution and statutes grant the administrative body primary jurisdiction, concurrent with either similarly authorized government agencies or the regular courts, such as the distinct kinds of jurisdiction bestowed by the Constitution and statutes on the Ombudsman.

Document: Alferez vs Canencia (G.R. No. 244542) (CASE-AVF350-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; Jurisdiction is a matter of substantive law because it is conferred only by law, as distinguished from venue, which is a purely procedural matter.—In law, nothing is as elementary as the concept of jurisdiction, for the same is the foundation upon which the courts exercise their power of

324

adjudication, and without which, no rights or obligation could emanate from any decision or resolution. Jurisdiction is defined as the power and authority of a court to hear, try, and decide a case. In order for the court or an adjudicative body to have authority to dispose of the case on the merits, it must acquire, among others, jurisdiction over the subject matter. In Padlan v. Dinglasan, the Court held: Basic as a hornbook principle is that jurisdiction over the subject matter of a case is conferred by law and determined by the allegations in the complaint which comprise a concise statement of the ultimate facts constituting the plaintiff’s cause of action. The nature of an action, as well as which court or body has jurisdiction over it, is determined based on the allegations contained in the complaint of the plaintiff, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. Jurisdiction is a matter of substantive law because it is conferred only by law, as distinguished from venue, which is a purely procedural matter. The conferring law may be the Constitution, or the statute organizing the court or tribunal, or the special or general statute defining the jurisdiction of an existing court or tribunal, but it must be in force at the time of the commencement of the action.

Document: Rañola vs Rañola (G.R. No. 185095) (CASE-AVN683-rw) | Section: Syllabi

Syllabi

Remedial Law; Actions; Compromise Agreements; A compromise agreement that has been made and duly approved by the court attains the effect and authority of res judicata, although no execution may be issued unless the agreement receives the approval of the court where the litigation is pending and compliance with the terms of the agreement is decreed.—A compromise agreement intended to resolve a matter already under litigation is a judicial compromise. Having judicial mandate and entered as its determination of the controversy, such judicial compromise has the force and effect of a judgment. It transcends its identity as a mere contract between the parties, as it becomes a judgment that is subject to execution in accordance with the Rules of Court. Thus, a compromise agreement that has been made and duly approved by the court attains the effect and authority of res judicata, although no execution may be issued unless the agreement receives the approval of the court where the litigation is pending and compliance with the terms of the agreement is decreed.

MANIFESTATION Seeking Dismissal of the Case Parties Having Reached Amicable Settlement.

The facts are stated in the resolution of the Court.

Jose Vicente D. Fernandez for petitioners.

Avelino Sales, Jr. for respondents.

R E S O L U T I O N

NACHURA, J.:

For our consideration is a Manifestation [Footnote *: ] dated June 27, 2009, informing the Court that the parties have already executed a Compromise Agreement [Footnote *: ] dated March 17, 2009 copy atttached, and seeking the dismissal of this case. The Compromise Agreement is as follows:

Document: Ramnani vs. Court of Appeals (G.R. No. 195071,) (CASE-360 SCRA 645) | Section: Syllabi

Syllabi

• Civil Law; Actions; Compromise Agreement; A compromise is intended to prevent or put an end to a lawsuit; Prolonging a litigation is anathema to a compromise agreement.—A compromise is intended to prevent or put an end to a lawsuit. The parties adjust their difficulties by mutual consent. Each of the parties prefers the terms of the compromise to their earlier hope of gaining, balanced by the danger of losing. It is intended to end litigation because of the uncertainty of its result. Prolonging a litigation is anathema to a compromise agreement.

• Same; Same; Same; Once the compromise is perfected, the parties are bound to abide by it in good faith.—A compromise agreement is valid and binding, not because it is the settlement of a controversy. Once the compromise is perfected, the parties are bound to abide by it in good faith.

• Same; Same; Same; Trial court committed reversible error when it applied equitable considerations under Article 1229 of the Civil Code; Article 1229 cannot apply to a final and executory judgment.—We thus rule that the trial court committed reversible error when it applied equitable considerations under Article 1229 of the Civil Code to justify the defaults of Choithram and Ortigas. In Commercial Credit Corporation of Cagayan de Oro v. Court of Appeals, this Court held: “(Article 1229) . . . applies only to obligations or contract, subject of a litigation, the condition being that the same has been partly or irregularly complied with by the debtor. The provision also applies even if there has been no performance, as long as the penalty is iniquitous or unconscionable. It cannot apply to a final and executory judgment.”

• Same; Same; Same; It is elementary that if a party fails or refuses to abide by a compromise agreement, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand.—By way of conclusion, it is elementary that if a party fails or refuses to abide by a compromise agreement, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. This rule must be followed. For indeed, “it is not the province of the court to alter a contract by construction or to make a new contract for the parties; its duty is confined to the interpretation of the one which they have made for themselves without regard to its wisdom or folly as the court cannot supply material stipulations or read into the contract words which it does not contain.”

MOTION FOR RECONSIDERATION of a decision of the Supreme Court.

Document: Magbanua vs. Uy (GR) (CASE-458 SCRA 184) | Section: Syllabi

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• Civil Law; Actions; Compromise Agreements; A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their differences and thus avoid or put an end to a lawsuit; A compromise may be either extrajudicial or judicial; To have the force of law between the parties, it must comply with the requisites and principles of contracts.—A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their differences and thus avoid or put an end to a lawsuit. They adjust their difficulties in the manner they have agreed upon, disregarding the possible gain in litigation and keeping in mind that such gain is balanced by the danger of losing. Verily, the compromise may be either extrajudicial (to prevent litigation) or judicial (to end a litigation). A compromise must not be contrary to law, morals, good customs and public policy; and must have been freely and intelligently executed by and between the parties. To have the force of law between the parties, it must comply with the requisites and principles of contracts. Upon the parties, it has the effect and the authority of res judicata, once entered into.

• Same; Same; Same; A compromise agreement is immediately executory and not appealable, except for vices of consent or forgery.—When a compromise agreement is given judicial approval, it becomes more than a contract binding upon the parties. Having been sanctioned by the court, it is entered as a determination of a controversy and has the force and effect of a judgment. It is immediately executory and not appealable, except for vices of consent or forgery. The nonfulfillment of its terms and conditions justifies the issuance of a writ of execution; in such an instance, execution becomes a ministerial duty of the court.

Document: Prudence Realty and Development Corp. vs. Court of Appeals (G.R. No. L-14518,) (CASE-231 SCRA 379) | Section: Syllabi

• Remedial Law; Compromise Judgments; Judgment rendered in accordance with compromise agreement is immediately executory as it is generally not appealable.—The rule is that a judgment rendered in accordance with a compromise agreement is immediately executory as there is no appeal from such judgment. A judgment based on a compromise is generally not appealable. The reason for the rule is that when both parties enter into an agreement to end a pending litigation and request that a decision be rendered approving said agreement, it is only natural to presume that such action constitutes an implicit, as undeniable as an express, waiver of the right to appeal against said decision (World Machine Enterprises vs. IAC 192 SCRA 459 citing Serrano vs. Reyes 110 Phil. 536).

• Remedial Law; Sec. 9, BP 129; Nullification of compromise judgments of Regional Trial Courts is vested in the Court of Appeals.—The nullification of a compromise judgment is governed by the following provisions of the Civil Code: Art. 2038 A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of documents is subject to the provisions of Art. 1330 of this code. x x x Art. 1330 A contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. Art. 1390 The following contracts are voidable or annulable, even though there may have been no damage to the contracting parties: 1) those where one of the parties is incapable of giving consent to a contract. 2) those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification.

• Same; Same; Action to annul compromise judgment should be brought before the Court of Appeals.—Where the aggrieved party alleges mistake, fraud, violence, intimidation, undue influence, or falsity in the execution of the compromise embodied in a judgment, an action to annul it should be brought before the Court of Appeals, in accordance with Sec. 9 (2) of BP 129, which gives that court exclusive original jurisdiction over inter alia actions for annulment of judgments of regional trial courts.

Document: Chu vs Cunanan (G.R. No. 156185) (CASE-AVP781-rw) | Section: Syllabi

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Remedial Law; Actions; Compromise Agreements; Compromise agreement is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already com-menced.—A compromise agreement is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. It encompasses the objects specifically stated therein, although it may include other objects by necessary implication, and is binding on the contracting parties, being expressly acknowledged as a juridical agreement between them. It has the effect and authority of res judicata upon the parties.

Same; Same; Splitting a single cause of action is the act of dividing a single or indivisible cause of action into several parts or claims and instituting two or more actions upon them; A single cause of action or entire claim or demand cannot be split up or divided in order to be made the subject of two or more different actions.—Apparently, the petitioners were guilty of splitting their single cause of action to enforce or rescind the deed of sale with assumption of mortgage. Splitting a single cause of action is the act of dividing a single or indivisible cause of action into several parts or claims and instituting two or more actions upon them. A single cause of action or entire claim or demand cannot be split up or divided in order to be made the subject of two or more different actions.

Same; Same; Res Judicata; Words and Phrases; Res judicata means a matter adjudged, a thing judicially acted upon or decided; a thing or matter settled by judgment.—Res judicata means a matter adjudged, a thing judicially acted upon or decided; a thing or matter settled by judgment. The doctrine of res judicata is an old axiom of law, dictated by wisdom and sanctified by age, and founded on the broad principle that it is to the interest of the public that there should be an end to litigation by the same parties over a subject once fully and fairly adjudicated.

Document: Significant Applications of the Doctrine of Estoppel (CASE-43 SCRA 146) | Section: A. *On the Question of Jurisdiction

A. On the Question of Jurisdiction

The rule is that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as the lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings. However, it has been held that a party can not invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. Correspondingly, an appellant who files his brief and submits h is case to the Court of Appeals for decision, without questioning the latter’s jurisdiction until decision is rendered therein, should be considered as having voluntarily waived so much of his claim as would exceed the jurisdiction of said Appellate Court; for the reason that a contrary rule would encourage the undesirable practice of appellants submittin g their cases for decision to the Court of Appeals in expectation of favorable judgment, but with intent of attacking its jurisdiction should the decision be unfavorable. It has been held that after voluntarily submitting a cause and encountering an adverse decision on the merits, it is too late for the loser to question the court’s jurisdiction. It is well settled that parties to a judicial proceeding may not, on appeal, adopt a theory inconsistent with that which they sustained in the lower court.”

The operation of the principle of estoppel on the question of jurisdiction seemingly depends upon whether the lower court actually had jurisdiction or not. If it had no jurisdiction, but the case was tried and decided upon the theory that it had jurisdiction, the parties are not barred, on appeal, from assailing such jurisdiction, for the same “must exist as a matter of law, and may not be conferred by the consent of the parties or by estoppel.” However, if the lower court had jurisdiction, and the case was heard and decided upon a given theory such, for instance, as that the court had no jurisdiction, the party who induced it to adopt such theory will not be permitted, on appeal, to assume an inconsistent position—that the lower court had jurisdiction. In that case, the principle of estoppel applies and the rule that jurisdiction, is conferred by law, and does not depend upon the will of the parties, has no bearing thereon.

Document: Significant Applications of the Doctrine of Estoppel (CASE-43 SCRA 146) | Section: I. *Concept and Characteristics of Estoppel

I. Concept and Characteristics of Estoppel

Estoppel is a concept derived from A merican law that aims bring out justice between parties, through the operation of the principle that an admission or representation is rendered conclusive upon the person making it, and can not be denied or disproved as against the person relying thereon. In other words, it precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officials or by his own deed or representation, either expressed or implied. Moreover, estoppel concludes the truth in order to prevent fraud or falsehood, and imposes silence on a party only when in conscience and honesty he should not be allowed to speak.

The principle of estoppel expressed in statutory form for the first time in the New Civil Code is not really an innovation. It has its origin in equity and, being based on moral and natural justice, finds applicability whatever and whenever the special circumstances of a case so demands. In fact it has been applied by the Supreme Court in the case of Llacer vs. Muñoz, et al., (12 Phil. 328) as long ago as 1908.

Estoppel has been characterized as harsh or odious, and not favored in law. W hen misapplied, estoppel becomes a most effective weapon to accomplish an injustice, inasmuch as it shuts a man’s mouth from speaking the truth and debars the truth in a particular case. For this reason, it can not be sustained by mere argument or doubtful inference but must be clearly proved in all its essential elements by clear, convincing and satisfactory evidence. No party should be precluded from making out his case according to its truth unless by force of some positive principle of law.

Document: Equitable Estoppel Law Explained (CASE-AUL175-rw) | Section: Document Body

A party may be estopped to insist upon a claim, assert an objection, or take a position which is inconsistent with an admission which he had previously made and in reliance upon which the other party has changed his position.

F. Silence in Inaction

This is sometimes referred to as estoppel by “standing by” or “laches.” Mere innocent silence will not work an estoppel. There must also be some element of turpitude or negligence connected with the silence by which another is misled to his injury. But one who invokes this doctrine of estoppel must

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show not only unjustified inaction but also some unfair injury would result to him unless the action is held barred.

Estoppel by acquiescence is closely related to estoppel by silence. In the former, a person is prevented from maintaining a position inconsistent with one in which he has acquiesced. [Footnote *: ]

Nature of Laches

Laches is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned or declined to assert it.

Elements of Laches

1. Conduct on the part of the defendant or of one under whom he claims, giving rise to the situation complained of;

2. Delay in asserting complainant’s rights after he had knowledge of the defendant’s conduct and after he has had an opportunity to sue;

3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit;

4. Injury or prejudice to the defendant in the event relief is accorded to the complainant.

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§ IV. Kinds of Estoppel

A. Technical Estoppels

1. Estoppel by record – the preclusion to deny the truth of matters set forth in a record, whether judicial or legislative, and also to deny the facts adjudicated by a court of competent jurisdiction.

Example: The conclusiveness of a judgment on the parties to a case.

1. Estoppel by deed – a bar which precludes one party to a deed and his privies from asserting as against the other party and his privies any right or title in derogation of the deed, or from denying the truth of any material facts asserted in it; a written instrument is necessary for there to be estoppel by deed.

Some Doctrines

1. If the deed or instrument is null and void because of the contract, there is no estoppel;

Document: Significant Applications of the Doctrine of Estoppel (CASE-43 SCRA 146) | Section: B. *On Positive Acts or Representations

In the application of the principle of estoppel under Article 1431 of the New Civil Code, the Supreme Court requires that the person, to whom representations have been made and who claims the estoppel in his favor, should have relied or acted on such representation. Moreover, as estoppel is primarily based on the doctrine of good faith and the avoidance of harm that will befall the innocent party due to its injurious reliance, the failure to apply it, when it should be applicable, is a gross travesty of justice.

Document: Equitable Estoppel Law Explained (CASE-AUL175-rw) | Section: Document Body

• is a defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, which resulted in the other person being injured in some way. [Footnote *: ]

• is a collective name given to a group of legal doctrines in common law legal systems whereby a person is prevented from making assertions that are contradictory to his or her prior position on certain matters before the court — the person is said to be “estopped.” Estoppel may operate by way of preventing someone from asserting a particular fact in court, or exercising a certain right, or from bringing a particular claim. [Footnote *: ]

- may arise, however, even where there is no intention on the part of the person estopped to relin655

quish any existing right and frequently carries the implication of fraud. It involves the conduct of both parties.

• Reliance-based estoppel (at English law) include: [Footnote *: ]

• by representation of fact, where one person asserts the truth of a set of facts to another;

• promissory estoppel, where one person makes a promise to another, but there is no enforceable contract; and

• proprietary estoppel, where the parties are litigating the title to land.

A representation can be made by words or conduct. Although the representation must be clear and unambiguous, a representation can be inferred from silence where there is a duty to speak or from negligence where a duty of care has arisen. Under English law, estoppel by representation of fact usually acts as a defence, though it may act in support of a cause of action or counterclaim. (Underlining supplied)

•Proprietary estoppel– in English law, proprietary estoppelis distinct from promissory estoppel. Proprietary estoppel is not a concept in American law, but a similar result is often reached under the general doctrine of promissory estoppel. Traditionally, proprietary estoppel, arose in relation to rights to use the land of the owner, and possibly in connection with disputed transfers of ownership. Although proprietary estoppel was only traditionally available in disputes affecting title to real property, it has now gained limited acceptance in other areas of law. Proprietary estoppel is closely related to the doctrine of constructive trust. (Underlining supplied)

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Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SECTION 1. When case deemed submitted for judgment.**— A case shall be deemed submitted for judgment

SEC. 4. *Disposition of a case.—  The Court of Appeals, in the exercise of its appellate jurisdiction, may affirm, reverse, or modify the judgment or final order appealed from, and may direct a new trial or further proceedings to be had.  (3a)

SEC. 5. *Form of decision.—  Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from.  (Sec. 40, BP Blg. 129) (n)

SEC. 6. *Harmless error.—  No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the parties.  (5a)

SEC. 7. *Judgment where there are several parties. —  In all actions or proceedings, an appealed judgment may be affirmed as to some of the appellants, and reversed as to others, and the case shall thereafter be proceeded with, so far as necessary, as if separate actions had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly, and costs may be adjudged in such cases, as the court shall deem proper.  (6)

SEC. 8. *Questions that may be decided. —  No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errors.  (7a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 4. *Jurisdiction over person of respondent, how acquired.—  The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction.  (n)

SEC. 5. *Action by the court.—  The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.  (n)

SEC. 6. *Determination of factual issues.—  Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issues to any of its ,members or to an appropriate court, agency or office. (n)

SEC. 7. *Effect of failure to file comment.—  When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 15. Notice of sale of property on execution.**— Before the sale of property on execution, notice thereof must be given as follows

SEC. 48. *Effect of foreign judgments or final orders. —  The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows:

(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and

(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.  (50a)

**APPEALS

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. Cause of action, defined.**— A cause of action is the act or omission by which a party violates a right of another. (n)

SEC. 2. *Cause of action, defined.—  A cause of action is the act or omission by which a party violates a right of another.  (n)

Document: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09 (DSR-G.R. Nos. 88158 & 97108-09) | Section: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09

1. REMEDIAL LAW; Jurisdiction; DEFINED AND CLASSIFICATION. — Jurisdiction or the legal power to hear and determine a cause or causes of action, must exist as a matter of law. It may be classified into original Jurisdiction and appellate Jurisdiction. Original Jurisdiction is the power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. Appellate Jurisdiction is the authority of a Court higher in rank to re-examine the final order or judgment of a lower Court which tried the case now elevated for judicial review (Remedial Law Compendium, Regalado, Florenz D., Fifth Revised Edition, Vol. 1, p. 3). Since the two jurisdictions are exclusive of each other, each must be expressly conferred by law. One does not flow from, nor is inferred from, the other.

2. ID.; SPECIAL CIVIL ACTIONS; Certiorari; AUTHORITY TO ISSUE WRIT INVOLVES THE EXERCISE OF ORIGINAL Jurisdiction; COMELEC ONLY WITH APPELLATE Jurisdiction. — In the Philippine setting, the authority to issue Writs of Certiorari, Prohibition and Mandamus involves the exercise of original Jurisdiction. Thus, such authority has always been expressly conferred, either by the Constitution or by law. What the Constitution granted the COMELEC was appellate Jurisdiction. The Constitution makes no mention of any power given the COMELEC to exercise original Jurisdiction over Petitions for Certiorari, Prohibition and Mandamus unlike in the case of the Supreme Court which was specifically conferred such authority (Art. VIII, Sec, 5[1]). The immutable doctrine being that Jurisdiction is fixed by law, the power to issue such Writs cannot be implied from the mere existence of appellate Jurisdiction. Just as implied repeal of statutes are frowned upon, so also should the grant of original Jurisdiction by mere implication to a quasi-judicial body tabooed. If appellate Jurisdiction has to be statutorily granted, how much more the original Jurisdiction to issue the prerogative Writs?

Document: Guerrero Estate Development Corporation vs Leviste (G.R. No. 253428) (CASE-AVQ439-rw) | Section: Syllabi

Remedial Law; Civil Procedure; Jurisdiction; “Acquisition of Jurisdiction” and “Exercise of Jurisdiction,” “Distinguished.”—It must be emphasized that “a court’s acquisition of jurisdiction over a particular case’s subject matter is different from incidents pertaining to the exercise of jurisdiction.” The Court in Gonzales v. GJH Land, Inc. (Gonzales), 774 SCRA 242 (2015), differentiated these two matters as follows: Jurisdiction over the subject matter of a case is conferred by law, whereas a court’s exercise of jurisdiction, unless provided by the law itself, is governed by the Rules of Court or by the orders issued from time to time by the Court. In Lozada v. Bracewell, it was recently held that the matter of whether the RTC resolves an

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issue in the exercise of its original jurisdiction or of its limited jurisdiction as a special court is only a matter of procedure and has nothing to do with the question of jurisdiction.

Document: Department of Agrarian Reform vs Trinidad Valley Realty (G.R. No. 173386) (CASE-ASW359-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; It is a cardinal principle in remedial law that the jurisdiction of a court over the subject matter of an action is determined by the law in force at the time of the filing of the complaint and the allegations of the complaint.—It is a cardinal principle in remedial law that the jurisdiction of a court over the subject matter of an action is determined by the law in force at the time of the filing of the complaint and the allegations of the complaint. Jurisdiction is determined exclusively by the Constitution and the law and cannot be conferred by the voluntary act or agreement of the parties. It cannot also be acquired through or waived, enlarged or diminished by their act or omission, nor conferred by the acquiescence of the court. It is neither for the court nor the parties to violate or disregard the rule, this matter being legislative in character. The nature of an action, as well as which court or body has jurisdiction over it, is determined based on the allegations contained in the complaint of the plaintiff, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. The averments in the complaint and the character of the relief sought are the ones to be consulted. Once vested by the allegations in the complaint, jurisdiction also remains vested irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein.

Document: Judicial Jurisdiction Over Non-Resident Persons or Entities (G.R. Nos. 121576-78) (CASE-333 SCRA 561) | Section: § 6. Actions in Rem and Actions in Personam—Historical Background

“Substituted service by publication, or in any other authorized form, may be sufficient to inform parties of the object of proceedings taken where property is once brought under the control of the court by seizure or some equivalent act. The law assumes that property is always in the possession of its owner, in person or by agent; and it proceeds upon the theory that its seizure will inform him, not only that it is taken into the custody of the court, but that he must look to any proceedings authorized by law upon such seizure for its condemnation and sale. Such service may also be sufficient in cases where the object of the action is to reach and dispose of property in the State, or some interest therein, by enforcing a contract or a lien respecting the same, or to partition it among the different owners, or, when the public is a party, to condemn it and appropriate it for a public purpose. In other words, such service may answer in all actions which are substantially proceedings in rem. But where the entire object of the action is to determine the personal rights and obligations of the defendants, that is, where the suit is merely in personam, constructive service in this form upon a non-resident is ineffectual for any purpose. Process from the tribunals of one State cannot run into another State, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the State where the tribunal sits cannot create any greater obligation upon the non-resident to appear. Process sent to him out of the State, and process “published within it, are equally unavailing in proceedings to establish his personal liability . . .

“Except in cases affecting the personal status of the plaintiff, and cases in which that mode of service may be considered to have been assented to in advance . . . the substituted service of process by publication . . . is effectual only where, in connection with process against the person for commencing the action, property in the State is brought under the control of the court, and subjected to its disposition by process adapted to that purpose, or where the judgment is sought as a means of reaching such property or affecting some interest therein; in other words, where the action is in the nature of a proceeding in rem. . . .”

Document: The Age-Old Remedies Available to Recover Possession of Real Property (CASE-458 SCRA 765) | Section: § VII. Jurisdiction.—

§ VII. Jurisdiction.—

Even when, in forcible entry and unlawful detainer cases, the defendant raises the question of ownership in his plead-ings and the question of possession cannot be resolved without deciding the issue of ownership, the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts nevertheless have the undoubted competence to resolve the issue of possession (Cañiza vs. Court of Appeals, 268 SCRA 640).

The Metropolitan Trial Court does not lose jurisdiction over a case for ejectment even of the building is completely burned down before such party could be served with summons if the lease is on the land (Bayview Hotel, Inc. vs. Court of Appeals, 273 SCRA 540).

Institution of a separate action for quieting of title is not a valid reason for defeating the summary remedy of ejectment (Gachon vs. Devera, Jr., 274 SCRA 540).

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 15. Notice of sale of property on execution.**— Before the sale of property on execution, notice thereof must be given as follows

SEC. 48. *Effect of foreign judgments or final orders. —  The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows:

(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and

(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.  (50a)

**APPEALS

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 4

**RULE 4

VENUE OF ACTIONS**

SECTION 1. *Venue of real actions.—  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.  (1[a], 2[a]a)

SEC. 2. *Venue of personal actions.—  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.  (2[b]a)

SEC. 3. *Venue of actions against nonresidents—  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.  (2[c]a)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 74 SUMMARY SETTLEMENT OF ESTATES

Sec.4. Liability of distributees and estate.— If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation.   And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both.   Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.

Sec. 5. Period for claim of minor or incapacitated person.—If on the date of the expiration of the period of two (2) years prescribed in the preceding section the person authorized to file a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one (1) year after such disability is removed.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 13. Prohibited pleadings and motions.**— The following petitions, motions, or pleadings shall not be allowed

SEC. 17. *Judgment.—  If after trial the court finds that the allegations of the complaint are true, it shall render judgment in favor of the plaintiff for the restitution of the premises, the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, attorney's fees and costs. If it finds that said allegations are not true, it shall render judgment for the defendant to recover his costs. If a counterclaim is established, the court shall render judgment for the sum found in arrears from either party and award costs as justice requires.  (6a)

SEC. 18. *Judgment conclusive only on possession; not conclusive in actions involving title or ownership.—  The judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or building. Such judgment shall not bar an action between the same parties respecting title to the land or building.

The judgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Court.  (7a)

SEC. 19. *Immediate execution of judgment; how to stay same.—  If judgment is rendered against the defendant, execution shall issue immediately upon motion, unless an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas bond, approved by the  Municipal Trial Court and executed  in favor of the plaintiff to pay the rents, damages, and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under the contract, if any, as determined by the judgment of the Municipal Trial Court. In the absence of a contract, he shall deposit with the Regional Trial Court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period. The supersedeas bond shall be transmitted by the Municipal Trial Court, with the other papers, to the clerk of the Regional Trial Court to which the action is appealed.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 67

SEC. 11. *Entry not delayed by appeal; effect of reversal.—  The right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment. But if the appellate court determines that plaintiff has no right of expropriation, judgment shall be rendered ordering the Regional Trial Court to forthwith enforce the restoration to the defendant of the possession of the property, and to determine the damages which the defendant sustained and may recover by reason of the possession taken by the plaintiff.  (11a)

SEC. 12. *Costs, by whom paid.—  The fees of the commissioners shall be taxed as a part of the costs of the proceedings. All costs, except those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is taken by the owner of the property and the judgment is affirmed, in which event the costs of the appeal shall be paid by the owner.  (12a)

SEC. 13. *Recording judgment, and its effect.—  The judgment entered in expropriation proceedings shall state definitely, by an adequate description, the particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated. When real estate is expropriated, a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose.  (13a)

SEC. 14. *Power of guardian in such proceedings.—  The guardian or guardian ad litem of a minor or of a person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the expropriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent, which such minor or person judicially declared to be incompetent could do in such proceedings if he were of age or competent.  (14a)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 135 POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS

Sec. 5. Inherent powers of courts.—Every court shall have power:(a) To preserve and enforce order in its immediate presence;(b) To enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;(c) To compel obedience to its judgments, orders and processes, and to the lawful orders of a judge out of court, in a case pending therein;(d) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every manner appertaining thereto;(e) To compel the attendance of persons to testify in a case pending therein;(f) To administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers;(g) To amend and control its process and orders so as to make them conformable to law and justice;(h) To authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.

Sec. 6. Means to carry jurisdiction into effect.—When by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer; and if the procedure to be followed in the exercise of such jurisdiction is not specifically Pointed out by law or by these rules, any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of said law or rules.

Sec. 7. Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room.   All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials.

Sec. 8. Interlocutory orders out of province.—A judge of first instance shall have power to hear and determine, when within the district though without his province, any interlocutory motion or issue after due and reasonable notice to the parties.   On the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in any Court of First Instance, the hearings may be had at any place in the judicial district which the judge shall deem convenient.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 66 QUO WARRANTO

Sec. 6. When an individual may commence such an action.—A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefor in his own name.

Sec. 7.What complaint for usurpation to set forth, and who may be made parties.—When the action is against a person for usurping an office, position or franchise, the complaint shall set forth the name of the person who claims to be entitled thereto, if any, with an averment of his right to the same and that the defendant is unlawfully in possession thereof.   All persons who claim to be entitled to the office, position or franchise may be made parties, and their respective rights to such office, position or franchise determined, in the same action.

Sec. 8. Venue.— An action under the last preceding' seven sections can be brought only in the Supreme Court or in the Court of First Instance of the province in which the defendant, or one of the defendants, resides, or, when the defendant is a corporation, in the province in which it is domiciled or has a place of business; but when the Solicitor General of the Philippines commences the action, it may be brought in a Court of First Instance in the City of Manila or in the Supreme Court.

Sec. 9. Time for pleadings and proceedings may be shortened. Action given precedence.— The court may shorten the time provided by these rules for filing pleadings and for all other proceedings in the action, so as to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties. Such action may be given precedence over any other civil business pending in the court.

Sec. 10. Judgment where usurpation found.— When the defendant is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, position, right, privilege, or franchise, judgment shall be rendered that such defendant be ousted and altogether excluded therefrom, and that the plaintiff or relator, as the case may be, recover his costs.   Such further judgment may be rendered determining the respective rights in and to the office, position, right, privilege, or franchise of all the parties to the action as justice requires.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 67 EMINENT DOMAIN

Sec. 14. Power of guardian in such proceedings.— The guardian or guardian ad litem of a minor or person of unsound mind, or of a person declared judicially to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the condemnation for public use or purpose of property belonging to such minor or person of unsound mind, or person declared judicially to be incompetent, which such minor or person of unsound mind, or person declared judicially to be incompetent could do in such proceedings if he were of age or of sound mind or competent.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 135 POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS

Sec. 9. Signing judgments out of province. — Whenever a judge appointed or assigned in any province or branch of a Court of First Instance in a province shall leave the province by transfer or assignment to another court of equal jurisdiction, or by expiration of his temporary assignment, without having decided a case totally heard by him and which was argued or an opportunity given for argument to the parties or their counsel, it shall be lawful for him to prepare and sign his decision in said case anywhere within the Philippines.   He shall send the same by registered mail to the clerk of the court where the case was heard or argued to be filed therein as of the date when the same was received by the clerk, in the same manner as if he had been present in court to direct the filing of the judgment.   If a case has been heard only in part, the Supreme Court, upon petition of any of the parties to the case and the recommendation of the respective district judge, may also authorize the judge who has partly heard the case, if no other judge had heard the case in part, to continue hearing and to decide said case notwithstanding his transfer or appointment i another court of equal jurisdiction.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Sec. 3. Conditions precedent.*— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.

Sec. 3. Conditions precedent.— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.

Sec. 4. Capacity.— 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 persons 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.

Sec. 5.Fraud, mistake, condition of the mind.— 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 mind of a person may be averred generally.

Sec. 6. Judgment.— 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.

Sec. 7. Action or defense based on document.— 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.

Sec. 8. How to contest genuineness of such documents.— 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 this provision 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.

Document: Land Bank of the Philippines vs Dalauta (G.R. No. 190004) (CASE-AUH075-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; Words and Phrases; Jurisdiction is defined as the power and authority of a court to hear, try and decide a case.—Jurisdiction is defined as the power and authority of a court to hear, try and decide a case. Jurisdiction over the subject matter is conferred only by the Constitution or the law. The courts, as well as administrative bodies exercising quasi-judicial functions, have their respective jurisdiction as may be granted by law. In connection with the courts’ jurisdiction vis-à-vis

2

jurisdiction of administrative bodies, the doctrine of primary jurisdiction takes into play.

Same; Same; Same; Doctrine of Primary Jurisdiction; The doctrine of primary jurisdiction tells us that courts cannot, and will not, resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.—The doctrine of primary jurisdiction tells us that courts cannot, and will not, resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.

Same; Same; Same; Same; Agrarian Reform; In agrarian reform cases, primary jurisdiction is vested in the Department of Agrarian Reform (DAR), more specifically, in the Department of Agrarian Reform Adjudication Board (DARAB) as provided for in Section 50 of Republic Act (RA) No. 6657.—In agrarian reform cases, primary jurisdiction is vested in the DAR, more specifically, in the DARAB as provided for in Section 50 of R.A. No. 6657 which reads: SEC.50. Quasi-Judicial Powers of the DAR.––The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR). [Emphasis supplied] Meanwhile, Executive Order (E.O.) No. 229 also vested the DAR with (1) quasi-judicial powers to determine and adjudicate agrarian reform matters; and (2) jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive original jurisdiction of the Department of Agriculture and the Department of Environment and Natural Resources.

Document: Philippine International Trading Corp. vs. M.V. Zileena (G.R. No. 102904) (CASE-215 SCRA 309) | Section: Syllabi

Syllabi

• Remedial Law; Jurisdiction; Venue; Jurisdiction over an action is conferred by law and may not be changed by mere agreement of the parties.—In resolving this problem, which is analogous to the scenario that obtained in Atlas Developer and Steel Industries, Inc. vs. Sarmiento Enterprises, Inc. (184 SCRA 153 [1990]), petitioner must heed the reminder that: “... Although it provides that the City Court of Manila shall have ‘jurisdiction’ over a legal action arising from the contract, the parties must have intended to fix the venue only, for jurisdiction over an action is conferred by law, and may not be changed by mere agreement of the parties.

• Same; Same; Same; Venue involves no more and no less than a personal privilege which may be lost by failure to assert it seasonably, by formal submission in a cause, or by submission through conduct.—On the second point concerning the demeanor of respondents in invoking the authority of the local court, We agree with petitioner’s contention that respondents are indeed precluded from interposing an objection via a motion to dismiss grounded on improper venue since the actuations displayed by respondents before filing the bill of exception are tantamount to voluntary submission to the jurisdiction of the lower court. Verily, venue involves no more and no less than a personal privilege which may be lost by failure to assert it seasonably, by formal submission in a cause, or by submission through conduct.

PETITION for review on certiorari from the order of the Regional Trial Court of Makati, Metro Manila, Br. 138.

The facts are stated in the opinion of the Court.

Office of the Government Corporate Counsel for petitioner.

Divinagracia S. San Juan for respondents.

MELO,J.:

The legal query raised in the petition for review on certiorari before Us is whether the venue of the collection case was properly laid in the Regional Trial Court of Makati, bearing in mind the stipulation of the parties embodied in the agreement dated November 3, 1990 which reads:

“10.This Agreement shall be governed by and construed in accordance with Singapore Law and all disputes arising hereunder shall be subject to the exclusive jurisdiction of the High Court of Singapore.” (p. 5, Agreement, p. 69, Rollo)

Document: Judicial Jurisdiction Over Non-Resident Persons or Entities (G.R. Nos. 121576-78) (CASE-333 SCRA 561) | Section: § 2. Jurisdiction of Courts in General

§ 2. Jurisdiction of Courts in General

Judicial jurisdiction as distinguished from legislative jurisdiction is defined as the legal authority of the state to exercise authority through its courts or administrative agencies to try and adjudicate cases determining the rights and obligations of the parties. Usually, there is not much problem when both parties are within the Philippines and can be served with summons by ordinary means. A party who files an action impliedly submits to the jurisdiction of the court, for after all, he is invoking the power of the court to grant him the remedy he prays for. Ordinarily, a court acquires jurisdiction over a defendant upon service of valid summons or when he voluntarily submits to the jurisdiction by filing an answer or any responsive pleading. Voluntary appearance is equal to the service of summons. In fact, it even cures any defect in the summons. (Mejia v. CA., 214 SCRA 411 [1992]) The court may not acquire jurisdiction over the defendant if he files a motion or a means in court only to question the jurisdiction of the court.

Personal jurisdiction of the court is the power of the court to adjudicate the case and the decision of which is binding on the parties. A State has the power to exercise judicial jurisdiction over all persons whether citizens or aliens within the Philippines on one or more of the following bases: (a) presence; (b) domicile; (c) residence; (d) nationality of citizenship; (e) consent; (f) appearance in an action; (g) doing business in the State with respect to foreign corporations; (h) an act done in the State; (i) causing an effect in the State by an act done elsewhere; (j) ownership, use or possession of a thing in the State; (k) other relationships to the State which make the exercise of judicial jurisdiction reasonable. (Sec. 27, Restatement of the Conflict of Laws, Second Edition, W. Reese, Re-porter)

Document: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09 (DSR-G.R. Nos. 88158 & 97108-09) | Section: Garcia vs. De Jesus, G.R. Nos. 88158 & 97108-09

1. REMEDIAL LAW; Jurisdiction; DEFINED AND CLASSIFICATION. — Jurisdiction or the legal power to hear and determine a cause or causes of action, must exist as a matter of law. It may be classified into original Jurisdiction and appellate Jurisdiction. Original Jurisdiction is the power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. Appellate Jurisdiction is the authority of a Court higher in rank to re-examine the final order or judgment of a lower Court which tried the case now elevated for judicial review (Remedial Law Compendium, Regalado, Florenz D., Fifth Revised Edition, Vol. 1, p. 3). Since the two jurisdictions are exclusive of each other, each must be expressly conferred by law. One does not flow from, nor is inferred from, the other.

2. ID.; SPECIAL CIVIL ACTIONS; Certiorari; AUTHORITY TO ISSUE WRIT INVOLVES THE EXERCISE OF ORIGINAL Jurisdiction; COMELEC ONLY WITH APPELLATE Jurisdiction. — In the Philippine setting, the authority to issue Writs of Certiorari, Prohibition and Mandamus involves the exercise of original Jurisdiction. Thus, such authority has always been expressly conferred, either by the Constitution or by law. What the Constitution granted the COMELEC was appellate Jurisdiction. The Constitution makes no mention of any power given the COMELEC to exercise original Jurisdiction over Petitions for Certiorari, Prohibition and Mandamus unlike in the case of the Supreme Court which was specifically conferred such authority (Art. VIII, Sec, 5[1]). The immutable doctrine being that Jurisdiction is fixed by law, the power to issue such Writs cannot be implied from the mere existence of appellate Jurisdiction. Just as implied repeal of statutes are frowned upon, so also should the grant of original Jurisdiction by mere implication to a quasi-judicial body tabooed. If appellate Jurisdiction has to be statutorily granted, how much more the original Jurisdiction to issue the prerogative Writs?

Document: Tagalog vs Lim Vda de Gonzales (G.R. No. 201286) (CASE-ARL206-rw) | Section: Syllabi

Syllabi

Remedial Law; Civil Procedure; Jurisdiction; The jurisdiction of a particular court is determined by the nature of the action pleaded as appearing from the allegations in the complaint.—The jurisdiction of a particular court is determined by the nature of the action pleaded as appearing from the allegations in the complaint. In orderto determine whether the lower court had jurisdiction, it is necessary to first ascertain the nature of the complaint filed before it.

Same; Special Civil Actions; Unlawful Detainer; In De Leon v. Court of Appeals, 245 SCRA 166 (1995), the Supreme Court (SC) held that unlawful detainer is the withholding by a person from another of the possession of a land or building to which the latter is entitled after the expiration or termination of the former’s right to hold possession by virtue of a contract, express or implied.—Based on the allegations in respondents’ complaint, it is clear that the case involves only the issue of physical possession or unlawful detainer as defined in Section 1, Rule 70 of the Rules of Court. In De Leon v. Court of Appeals, 245 SCRA 166 (1995), we held that unlawful detainer is the withholding by a person from another of the possession of a land or building to which the latter is entitled after the expiration or termination of the former’s right to hold possession by virtue of a contract, express or implied. An ejectment suit is brought before the MTC to recover not possession de jure but physical possession only or possession de facto, where dispossession has lasted for not more than one year.

Same; Civil Procedure; Accion Publiciana; Words and Phrases; Accion publiciana is the plenary action in an ordinary civil proceeding to determine the better right of possession of the land independently of the title and is filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the land.—The conclusion would be different if the action is for the recovery of the right to possess and dispossession lasted for more than one year which would justify resort to the remedy of accion publiciana. Accion publiciana is the plenary action in an ordinary civil proceeding to determine the better right of possession of the land independently of the title and is filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the land. In such case, the RTC has jurisdiction.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 45 APPEAL FROM COURT OF APPEALS TO SUPREME COURT

Sec. 4. Review of Court of Appeals' decision, discretionary.— A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefor.   The following, while neither controlling nor fully measuring the hurt's discretion, indicate the character of reasons which will be considered:(a) When the Court of Appeals has decided a question substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court;(b) When the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision.

Sec. 5. Deposit for costs.— If the petition is given due course, the petitioner shall deposit the sum of eighty pesos (P80) for costs within five (5) days from notice unless a different period is fixed by the court.  Upon failure of petitioner to make the deposit within the said period, the petition may be dismissed.

**PROCEDURE IN THE COURT OF APPEALS

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Sec. 4. Interruption of time to appeal.*—The time during which a motion for new trial has been pending shall be deducted from the period for perfecting an appeal.

Sec. 9. Effect of appeals.— A perfected appeal shall operate to vacate the judgment of the justice of the peace or the municipal court, and the action when duly docketed in the Court of First Instance shall stand for trial de novo upon its merits in accordance with the regular procedure in that court, as though the same had never been tried before and had been originally there commenced.  If the appeal is withdrawn, or dismissed for failure to Prosecute, the judgment shall be deemed revived and shall forthwith be remanded to the justice of the peace or municipal court for execution.

Sec. 10. Appellate powers of Courts of First Instance where action not tried on its merits by inferior court.— Where the action has been disposed of by an inferior court upon a question of law and not after a valid trial upon the merits, the Court of First Instance shall on appeal review the ruling of the inferior court and may affirm or reverse it, as the case may be. In case of reversal, the case shall be remanded for further proceedings.

Sec. 11. Lack of jurisdiction.— A case tried by an inferior court without jurisdiction over the subject matter shall be dismissed on appeal by the Court of First Instance.   But instead of dismissing the case, the Court of First Instance in the exercise of its original jurisdiction, may try the case on the merits if the parties therein file their pleadings and go to the trial without any objection to such jurisdiction.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: RULE 42 APPEAL FROM COURTS OF FIRST INSTANCE TO SUPREME COURT

Sec. 3. Grounds.— The petition may be filed on the ground that the body rendering the ruling, order or decision appealed from, has decided a question of substance not theretofore determined by the Supreme Court, or has decided it in a way not in accord with law or the applicable decisions of the Supreme Court.Decisions of the Court of Agrarian Relations may, in discretion of the court, also be reviewed upon proper mowing that the findings of fact are not supported by substantial evidence.

Sec. 4. Period for filing.— Appeals from an order, ruling or decision of the Securities and Exchange Commission and the Land Registration Commission, shall be brought within a period of thirty (30) days from notice of such ruling, order or decision; those from the Court of Agrarian Relations, the Social Security Commission, and the Secretary of Labor under Section 7 of the Minimum Wage Law, within a period of fifteen (15) days; and those from the Court of Industrial Relations, the Civil Aeronautics Board, the Workmen's Compensation Commission, and the Commission on Elections, within a period of ten (10) days.

Sec. 5. Docketing fee.— Upon filing the petition the petitioner shall pay to the clerk of the Supreme Court the docketing fee.Sec 6. Dismissal.— Upon petition of the respondent filed within five (5) days from service of the petition, or upon its own motion, the Supreme Court may dismiss the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.However, no petition shall be dismissed on account of a mistaken designation of the method of appeal, if the contents thereof substantially comply with the requirements of this rule, in which case the pleading shall be treated as a petition for review.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: RULE 42 APPEAL FROM COURTS OF FIRST INSTANCE TO SUPREME COURT

RULE 42 APPEAL FROM COURTS OF FIRST INSTANCE TO SUPREME COURT

Section 1. Procedure.— The procedure of appeal to the Supreme Court from Courts of First Instance shall be governed by the same rules governing appeals to the Court of Appeals, except as hereinafter provided.

Sec. 2. Appeal on pure question of law.— Where the appellant states in his notice of appeal or record on appeal that he will raise only questions of law, no other questions shall be allowed, and the evidence need not be elevated.

Rule 43 APPEAL FROM AN ORDER OR DECISION OF SECURITIES AND EXCHANGE COMMISSION, LAND REGISTRATION COMMISSION, COURT OP AGRARIAN RELATIONS, SOCIAL SECURITY COMMISSION, SECRETARY OF LABOR UNDER SECTION 7 OF THE MINIMUM WAGE LAW, COURT OF INDUSTRIAL RELATIONS, CIVIL AERONAUTICS BOARD, WORKMEN'S COMPENSATION COMMISSION AND COMMISSION ON ELECTIONS

Section 1. Bow appeal taken.— Any party may appeal from a final order, ruling or decision of the Securities and Exchange Commission, the Land Registration Commission, the Court of Agrarian Relations, the Social Security Commission, the Secretary of Labor under Section 7 of the Minimum Wage Law, the Court of Industrial Relations, the Civil Aeronautics Board, the Workmen's Compensation Commission, and the Commission on Elections by filing with said bodies a notice of appeal and with the Supreme Court twelve (12) printed or mimeographed copies of a petition for certiorari or review of such order, ruling or decision, as the corresponding statute may provide.   A copy of the petition shall be served upon the court, commission, board or officer concerned and upon the adverse party, and proof of service thereof attached to the original of the petition.

Sec. 2. Contents of petition.— The petition shall contain a concise statement of the issues involved and the grounds relied on for the petition, and shall be accompanied with a true copy of the ruling, order or decision appealed from, together with the copies of such material portions of the record as are referred to therein and other supporting papers.   The questions raised must be distinctly set forth in the petition.The petition shall be made under oath and shall show, by mention of the specific material dates, that it was filed within the period fixed in this rule.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Sec. 4. Interruption of time to appeal.*—The time during which a motion for new trial has been pending shall be deducted from the period for perfecting an appeal.

Sec. 4. Interruption of time to appeal.—The time during which a motion for new trial has been pending shall be deducted from the period for perfecting an appeal.

Sec. 5. Transmittal of record.— The justice of the peace or municipal judge from whose judgment an appeal is taken, shall, within five (5) days after the perfection of the appeal, transmit to the clerk of the Court of First Instance for the province or city a certified copy of the docket entries, together with all the original papers and process in the case and the original appeal bond, or in lieu thereof, the postal money order, or certificate of deposit, and the appellate court docket fee.

Sec. 6. Duty of clerk of the Court of First Instance.— It shall be the duty of the clerk of the Court of First Instance, upon receipt of the record, to deliver the money order or the deposit certificate within five (5) days to the provincial treasurer, who shall immediately pay the court docket fee, and the clerk, as soon as the fee be in his possession, shall enter the appeal upon the docket of his office

Sec. 7. Reproduction of pleadings on appeal.— Except in summary proceedings under section 17 of Rule 5, upon the docketing of the case under appeal, it shall be the duty of the clerk of the court to notify the parties of that fact by registered mail.   Thereupon, the pleadings riled in the justice of the peace or municipal court shall be considered reproduced in the Court of First Instance.

Sec. 8. Settlement of appealed cases.— At any time after the perfection of an appeal from a judgment of a justice of the peace or municipal judge, and before the papers have been transmitted to the clerk of the Court of First Instance to which the action is appealed, the parties may adjust the controversy by agreement in writing, signed by both parties and filed with the justice of the peace or municipal judge, who shall enter the same upon his docket, and no further proceeding shall thereafter be taken in the action.  But if the appeal papers have already been transmitted to the clerk of the Court of First Instance, then the justice of the peace or the municipal judge shall immediately transmit the compromise agreement to the clerk of the Court of First Instance, who shall file the same and enter a memorandum thereof upon his docket, and no further proceedings shall thereafter be taken in the action.

Document: Revised Rules of Criminal Procedure As Amended (Rules 110-127, Rules of Court) (RULE-369) | Section: RULE 112 PRELIMINARY INVESTIGATION

Sec. 5. *Resolution of investigating judge and its review.—Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action.  The resolution shall state the findings of facts and the law supporting his action, together with the record of the case which, shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused and the order for his release; (d) the transcripts of the proceedings during the preliminary investigation; and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint.Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof. They shall order the release of an accused who is detained if no probable cause is found against him. (5a)

Document: Revised Rules of Criminal Procedure As Amended (Rules 110-127, Rules of Court) (RULE-369) | Section: RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES

RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES

SECTION 1. *Availability of provisional remedies.—The provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action. (1a)

Sec. 2. *Attachment.—When the civil action is properly instituted in the criminal action as provided in Rule 111, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases:(a)     When the accused is about to abscond from the Philippines;(b)     When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, officer of a corporation, 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)     When the accused has concealed, removed, or disposed of his property, or is about to do so; and(d)     When the accused resides outside the Philippines. (2a)

Document: REVISED RULES OF CRIMINAL PROCEDURE(RULES 110-127, REVISED RULES OF COURT), A.M. No. 00-5-03 (AM-A.M. No. 00-5-03_f1c2f502) | Section: Document Body

Republic of the Philippines SUPREME COURT Manila

EN BANC

A.M. No. 00-5-03-SC             October 3, 2000

REVISED RULES OF CRIMINAL PROCEDURE

(RULES 110-127, REVISED RULES OF COURT).

R E S O L U T I O N

Acting on the letter of the Committee on Revision of the Rules of Criminal Procedure for the consideration and approval of the Court, the Court resolved to APPROVE the same with modifications.

The Revised rules shall take effect on December 1, 2000 following its publication in the Official Gazatte and two newspapers of general circulation not later than October 31, 2000.

October 3, 2000, Manila

*Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Quisumbing, Panganiban, Pardo, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ., concur.

The Lawphil Project - Arellano Law Foundation

---*

Document: RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE, A.M. No. 02-2-07 (AM-A.M. No. 02-2-07_1a17b230) | Section: Document Body

Republic of the Philippines SUPREME COURT Manila

EN BANC

A.M. No. 02-2-07-SC             April 10, 2002

RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE

R E S O L U T I O N

Acting on the Memorandum dated 2 February 2002 of Court Administrator Prosbitero J. Velasco, Jr. submitting for this Court's consideration and approval the proposed amendment to Sec. 5, Rule 110 of the Revised Rules of Criminal Procedure, the Court Resolved to APPROVE the amendment to Sec. 5, Rule 110 so as to read as follows:

"Section 5. Who must prosecute criminal action. - All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. x x x ."

This amendment to Rule 110 shall take effect on the first day of May 2002 following its publication in two newspapers of general circulation on or before 30 April 2002.

April 10, 2002.

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, De Leon, Jr., Sandoval-Gutierrez and Carpio JJ., concur.

The Lawphil Project - Arellano Law Foundation

Document: Revised Rules of Criminal Procedure As Amended (Rules 110-127, Rules of Court) (RULE-369) | Section: SECTION 1. Who may appeal.**—Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. (2a)

Sec. 5. *Waiver of notice.—The appellee may waive his right to a notice that an appeal has been taken.  The appellate court may, in its discretion, entertain an appeal notwithstanding failure to give such notice if the interests of justice so require. (5a)

Sec. 6. *When appeal, to be taken.—An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from.  This period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion has been served upon the accused or his counsel at which time the balance of the period begins to run. (6a)

Sec. 7. *Transcribing and filing notes of stenographic reporter upon appeal.—When notice of appeal is filed by the accused, the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. When filed by the People of the Philippines, the trial court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the court, upon motion, shall specify in writing. The stenographic reporter shall certify to the correctness of the notes and the transcript thereof, which shall consist of the original and four copies, and shall file said original and four copies with the clerk without unnecessary delay.If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation of the sentence, file with the clerk the original and four copies of the duly certified transcript of his notes of the proceedings. No extension of time for filing of said transcript of stenographic notes shall be granted except by the Supreme Court and only upon justifiable grounds. (7a)

Sec. 8.  *Transmission of papers to appellate court upon appeal.—Within five (5) days from the filing of the notice of appeal, the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of court of the appellate court the complete record of the case, together with said notice.  The original and three copies of the transcript of stenographic notes, together with the records, shall also be transmitted to the clerk of the appellate court without undue delay.  The other copy of the transcript shall remain in the lower court. (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 43

**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 Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law.  (n)

Document: P.D. No. 464 - Enacting a Real Property Tax Code (PD-464) | Section: SEC. 3 . Definition of Terms.—When used in this Code.

So help me God.

__ Signature

Subscribed and Sworn to before me this day of A.D. at __Philippines.

__ Signature of Officer

Administering Oath

SEC. 32. Meetings.—The Local Board shall hold sessions at least once a month, and as often as may be necessary for the prompt disposition of the appealed cases pending before it. No member of the Board shall be entitled to per-diems or traveling expenses for his attendance in Board sessions, except when conducting an ocular inspection in connection with a case under appeal.

SEC. 33. Expenses of the Board.—All expenses of the Local Board of Assessment Appeals shall be charged against the general fund of the province or city, as the case may be. Local boards and councils shall appropriate the necessary funds to enable the Board of Assessment Appeals in their respective localities to operate effectively.

SEC. 34. Action by the Local Board of Assessment Appeals.-The Local Board of Assessment Appeals shall decide the appeal within one hundred and twenty days from the date of receipt of such appeal. The decision rendered must be based on substantial evidence presented at the hearing or at least contained in the record and disclosed to the parties or such relevant evidence as a reasonable mind might accept as adequate to support the conclusion.

In the exercise of its appellate jurisdiction, the Board shall have the power to summon witnesses, administer oaths, conduct ocular inspection, take depositions, and issuesubpoena and subpoena duces tecum. The proceedings of the Board shall be conducted solely for the purpose of ascertaining the truth without necessarily adhering to technical rules applicable in judicial proceedings.

Document: Re: 2025 Proposed Amendments to Rule 138 of the Rules of Courtresolution (RULE-100125) | Section: Rule 138 ADMISSION TO THE BAR

(i) proof of completion of all courses leading to the degree of Juris Doctor or its equivalent law degree granted by a foreign law school;

(ii) proof of recognition or accreditation of the foreign law school by the proper authority in the foreign jurisdiction where the law degree has been granted; and (138.5a, 138.6a)

(iii) proof of completion of mandatory CLEP.SECTION 4.Time for filing the application to take the bar examinations and proof of qualifications.* — All applications to take the bar examinations, together with the evidence required by the foregoing Sections, shall be filed with the Office of the Bar Confidant within the time that may be prescribed by the Supreme Court. (138.7a)

SECTION 5.List of qualified applicants who may take the bar examinations.* — The list of qualified applicants who may take the bar examinations shall be published by the Office of the Bar Confidant of the Supreme Court in the official Supreme Court website not later than fifteen (15) calendar days before the scheduled first day of the examinations. (138.8a)

SECTION 6.Bar examinations; nature and governing principles. —*The bar examinations are qualifying licensure examinations for admission to the bar. Applicants taking the bar examinations shall be tested on their basic knowledge and skills in law and in ethics and their practice-readiness.

The Supreme Court declares as a policy that the bar examinations shall be inclusive, fair, and non-discriminatory. It shall grant equal access to admission to the bar. The integrity of the bar examinations must be ensured, and their conduct shall be efficient and technology-enabled. (n)

SECTION 7.Examination subjects.* — Applicants shall be tested on the following subjects: (1) Political and Public International Law; (2) Labor Law and Social Legislation; (3) Civil Law and Land Titles and Deeds; (4) Commercial and Taxation Laws; (5) Criminal Law; and (6) Remedial Law, Legal and Judicial Ethics, with Practical Exercises.

SECTION 8.Bar examinations in electronic form.* — Unless the Supreme Court otherwise directs, the bar examinations shall be administered by electronic means, using an appropriate, secure, and reliable assessment platform. The bar examinations shall be in the English language and shall be uniform for all examinees.

Examinees shall answer the questions personally without help from anyone. For examinees with special needs, the Bar Chairperson may issue separate guidelines to be included in the bar examination manual. (138.10a)

Document: P.D. No. 464 - Enacting a Real Property Tax Code (PD-464) | Section: SEC. 3 . Definition of Terms.—When used in this Code.

Any provision of law to the contrary notwithstanding, appointment to the positions of Central Board Chief Hearing Commissioner, Central Board Hearing Commissioners and Central Board Secretary shall be exempt from the requirements and restrictions of the Civil Service Law, rules and regulations as well as those pertaining to position-item classifications and salary standardization. Any government retiree may be appointed to the Board of Hearing Commissioners and upon his appointment, he shall not be required to reimburse or refund any gratuity received from the government nor shall any pension or annuity to which he is entitled be suspended or reduced on account of his employment. A member of the Board of Hearing Commissioners shall serve until he reaches the age of seventy unless he chooses to retire from the service or sooner removed for cause, as provided by law. The members of the Board of Hearing Commissioners shall be members of the bar, civil or mechanical engineers, or certified public accountants with at least five years supervisory and/or field experience in real property assessment work.

The Secretary of Finance, as Chairman of the Central Board of Assessment Appeals, shall appoint the members of the Board of Hearing Commissioners and its staff.

The initial sum of one hundred twenty-five thousand pesos is hereby appropriated from the General Fund in the National Treasury, not otherwise appropriated, to finance the operations of the Central Board of Assessment Appeals. For every fiscal year thereafter, such sums as may be necessary for the operations of the said Board shall be included in the appropriations of the Department of Finance in the corresponding General Appropriations Decree or laws.

The Chairman and Members of the Central Board shall enter into the duties of their respective positions, without need of further appointment or special designation, immediately upon approval of this Code.

SEC. 36. Scope of Powers and Functions.—The Central Board of Assessment Appeals shall have jurisdiction over appealed assessment cases decided by the Local Board of Assessment Appeals. The said Board shall decide cases brought on appeal within twelve (12) months from the date of receipt, which decision shall become final and executory after the lapse of fifteen (15) days from the date of receipt of a copy of the decision by the appellant.

In the exercise of its appellate jurisdiction, the Central Board of Assessment Appeals, or upon express authority, the Hearing Commissioners, shall have the power to summon witnessess, administer oaths, take depositions, and issuesubpoenas and subpoenas duces tecum.

The Central Board of Assessment Appeals shall adopt and promulgate rules of procedure relative to the conduct of its business.

Document: Rules of Court the Supreme Court of the Philippine Islands, the Courts of First Instance, and Rules for the Examination of Candidates for Admission to the Practice of Law (RULE-371) | Section: RULES OF COURT THE SUPREME COURT OF THE PHILIPPINE ISLANDS, THE COURTS OF FIRST INSTANCE, AND RULES

Costs shall be taxed by the clerk on five days’ written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs claimed by the prevailing part, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by the lower court. If taxed after the entry of the judgment payment of the costs shall be enforced by execution issued by the clerk of this court, addressed to the sheriff of the court below.

When the record in this court contains any unnecessary, irrelevant, or immaterial matter, the party at whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement for preparing, certifying, or printing such unnecessary matter.

Upon remanding the case the clerk shall transmit to the court below a certified copy of the judgment.

ORIGINAL JURISDICTION.

When the original jurisdiction of this court is invoked in cases of certiorari, mandamus, prohibition, and quo warranto the same procedure shall be followed, with respect to the service of process and notices and the filing of pleadings as is prescribed by the Code of Civil Procedure and the Rules of Court for actions in which the Courts of First Instance have original jurisdiction.

In original proceedings in habeas corpus in this court in criminal cases the officer shall serve a copy of the writ and petition on the Attorney-General at the time he serves the writ on the respondent, and for this purpose the petitioner shall file with his petition two copies thereof.

CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 7. Procedure in the Regional Trial Court.**—

SEC. 7. *Procedure in the Regional Trial Court.—

(a) Upon receipt of the complete record or the record on appeal, the clerk of court of the Regional Trial Court shall notify the parties of such fact.

(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant's memorandum, the appellee may file his memorandum.

Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal.

(c) Upon the filing of the memorandum of the appellee or the expiration of the period to do so, the case shall be considered submitted for decision. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed.  (n)

SEC. 8. *Appeal from orders dismissing case without trial; lack of jurisdiction.—  If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits, the Regional Trial Court may affirm or reverse it, as the case may be. In case of affirmance and the ground of dismissal is lack of jurisdiction over the subject matter, the Regional Trial Court, if it has jurisdiction thereover, shall try the case on the merits as if the case was originally filed with it. In case of reversal, the case shall be remanded for further proceedings.

If the case was tried on the merits by the lower court without jurisdiction over the subject matter, the Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof, but shall decide the case in accordance with the preceding section, without prejudice to the admission of amended pleadings and additional evidence in the interest of justice.  (n)

SEC. 9. *Applicability of Rule 41.—  The other provisions of Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 40

RULE 40

APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS**

SECTION 1. *Where to appeal.—  An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee.  (n)

SEC. 2. *When to appeal.—  An appeal may be taken within fifteen (15) days after notice to the appellant 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 after notice of the judgment or final order.

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.  (n)

SEC. 3. *How to appeal.—  The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal.

A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals.

The form and contents of the record on appeal shall be as provided in section 6, Rule 41.

Copies of the notice of appeal, and the record on appeal where required, shall be served on the adverse party.  (n)

Document: Pre-trial under the Rules of Court of 1964 (CASE-26 SCRA 5) | Section: PRE-TRIAL UNDER THE RULES OF COURT OF 1964

1. IV. Judgment on the Pleadings and Summary Judgment at Pre-Trial

The trial court may render judgment on the pleadings or a summary judgment as justice may require, if at the pre-trial, it finds that facts exist upon which a judgment on the pleadings or a summary judgment may be made. (Section 3, Rule 20, Revised Rules of Court).

In Taleon v. Secretary of Public Works & Communications, L-24281, May 16, 1967, 20 SCRA 69, a petition for certiorari and prohibition with preliminary injunction was filed to stop the Secretary of Public Works and Communications and the Engineer of Davao from demolishing the dams in question pursuant to a final decision of the Executive Secretary. An answer having been filed by the Secretary of Public Works and Communications, the issues were joined and a pre-trial conference was held by the Court of First Instance of Manila. At the conference, the court allowed the defendants to file a motion to dismiss and ordered the administrative records sent to it. Acting on the respective memoranda submitted by the parties, the trial court dismissed the petition. The plaintiffs appealed contending that the trial court should have given them a full trial before dismissing the case. The Supreme Court held that full trial was not necessary. No -necessity was there for further reception of evidence because the issues raised before the trial court were purely legal such as for instance the issue of jurisdiction of the Secretary of Public Works and Communications under Republic Act No. 2056 to declare as a public navigable steam any alleged depression or bodies of water even inside titled properties was already decided in Lovina v. Moreno, L-17821, Nov. 29, 1963. See also Borja v. Moreno, L-16487, July 31, 1964. This question could be resolved on the basis of the pleadings and memoranda filed and the administrative records sent to the trial court. The Supreme Court said that the new Rules of Court now allows the trial court at pre-trial to render judgment on the pleadings or a summary judgment as justice may warrant, if it finds at pre-trial that acts exist which would warrant such judgment.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 5

**RULE 5

UNIFORM PROCEDURE IN TRIAL COURTS**

SECTION 1. *Uniform procedure.—  The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure.  (n)

SEC. 2. *Meaning of terms.—  The term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.  (1a)

**PROCEDURE IN REGIONAL TRIAL COURTS

Document: Rules of Court the Supreme Court of the Philippine Islands, the Courts of First Instance, and Rules for the Examination of Candidates for Admission to the Practice of Law (RULE-371) | Section: RULES OF COURT THE SUPREME COURT OF THE PHILIPPINE ISLANDS, THE COURTS OF FIRST INSTANCE, AND RULES

Upon the publication of the decision, the clerk shall mail notice thereof to the respective parties or their counsel, and judgment shall not be entered until ten days after such publication. (As amended, February 7, 1919.)

Five days after entry of judgment the clerk shall remand the case to the lower court, unless notice is given, pursuant to rule 40 of intention to petition the Supreme Court of the United States for a. writ of certiorari, in which event the mittimus shall be stayed pending action by this court upon such notice.

Applications for a rehearing shall be made ex parte on motion setting forth the grounds on which they are made, and filed within fifteen days after the publication of the decision of the court. No oral argument thereon shall be allowed. If the motion is granted, the cause shall be reheard in conformity with the requirements for the first hearing. The mittimus shall be stayed during the pendency of a motion for a rehearing.

Whenever the appellant fails to pay the estimated cost of printing within the time prescribed by rule 13 or fails to file his brief within the time prescribed by rule 21 or such enlargement as may have been granted pursuant to rule 23, and the appellee moves to dismiss the appeal upon that ground, he shall be allowed twenty pesos, recoverable from the appellant, whether the motion be granted or denied, unless the court shall otherwise provide in its ruling upon the motion. If such sum is not paid, upon notice of the ruling, within the period prescribed by rule 13, the clerk of this court, upon the written petition of the counsel for the appellee, supported by his affidavit that such payment has not been made, shall issue execution therefor against the appellant, addressed to the sheriff of the court in which the case was tried below. The payment may be made directly to the attorney of the appellee or to the clerk of this court. (As amended, September 5, 1919.)

Document: Re: 2025 Proposed Amendments to Rule 138 of the Rules of Courtresolution (RULE-100125) | Section: Rule 138 ADMISSION TO THE BAR

(i) proof of completion of all courses leading to the degree of Juris Doctor or its equivalent law degree granted by a foreign law school;

(ii) proof of recognition or accreditation of the foreign law school by the proper authority in the foreign jurisdiction where the law degree has been granted; and (138.5a, 138.6a)

(iii) proof of completion of mandatory CLEP.SECTION 4.Time for filing the application to take the bar examinations and proof of qualifications.* — All applications to take the bar examinations, together with the evidence required by the foregoing Sections, shall be filed with the Office of the Bar Confidant within the time that may be prescribed by the Supreme Court. (138.7a)

SECTION 5.List of qualified applicants who may take the bar examinations.* — The list of qualified applicants who may take the bar examinations shall be published by the Office of the Bar Confidant of the Supreme Court in the official Supreme Court website not later than fifteen (15) calendar days before the scheduled first day of the examinations. (138.8a)

SECTION 6.Bar examinations; nature and governing principles. —*The bar examinations are qualifying licensure examinations for admission to the bar. Applicants taking the bar examinations shall be tested on their basic knowledge and skills in law and in ethics and their practice-readiness.

The Supreme Court declares as a policy that the bar examinations shall be inclusive, fair, and non-discriminatory. It shall grant equal access to admission to the bar. The integrity of the bar examinations must be ensured, and their conduct shall be efficient and technology-enabled. (n)

SECTION 7.Examination subjects.* — Applicants shall be tested on the following subjects: (1) Political and Public International Law; (2) Labor Law and Social Legislation; (3) Civil Law and Land Titles and Deeds; (4) Commercial and Taxation Laws; (5) Criminal Law; and (6) Remedial Law, Legal and Judicial Ethics, with Practical Exercises.

SECTION 8.Bar examinations in electronic form.* — Unless the Supreme Court otherwise directs, the bar examinations shall be administered by electronic means, using an appropriate, secure, and reliable assessment platform. The bar examinations shall be in the English language and shall be uniform for all examinees.

Examinees shall answer the questions personally without help from anyone. For examinees with special needs, the Bar Chairperson may issue separate guidelines to be included in the bar examination manual. (138.10a)

Document: Re: 2025 Proposed Amendments to Rule 138 of the Rules of Courtresolution (RULE-100125) | Section: SECTION 9. Annual examinations. — The bar examinations shall take place annually in local testing centers across the Philippines, in such venues that the Supreme CourtEn Banc* may designate.

SECTION 9.Annual examinations. — The bar examinations shall take place annually in local testing centers across the Philippines, in such venues that the Supreme CourtEn Banc* may designate.

The bar examinations shall be held in the month of September for three (3) days, as designated by the Supreme Court.The subjects shall be distributed as follows:

First Day: Political and Public International Law (morning) and Commercial and Taxation Laws (afternoon);

Second Day: Civil Law and Land Titles and Deeds (morning) and Labor Law and Social Legislation (afternoon); and

Third Day: Criminal Law (morning) and Remedial Law, Legal and Judicial Ethics, with Practical Exercises (afternoon).SECTION 10.Passing average. — In order that an applicant may be deemed to have passed the examinations successfully, an applicant must have obtained a general average of 75% in all subjects, unless the CourtEn Banc* determines another passing rate.

In determining the average, the subjects in the examination shall be given the following relative weights:

Political and Public International Law, 15%; Commercial and Taxation Laws, 20%; Civil Law and Land Titles and Deeds, 20%; Labor Law and Social Legislation, 10%; Criminal Law, 10%; and Remedial Law, Legal and Judicial Ethics, with Practical Exercises, 25%.

SECTION 11.Bar examination manual.* — In consultation with the association of law schools and other relevant stakeholders, the formulation of the bar syllabi, the type of tests or questions, the rules of conduct, test procedures, offenses, and penalties related to the bar examinations shall be embodied in the bar examination manual. (n)

SECTION 12.Committee of examiners.* — Examinations shall be conducted by a committee of bar examiners appointed by the Supreme Court. The committee of bar examiners shall be composed of a justice of the Supreme Court, who shall act as chairperson, and such number of members of the bar of the Philippines in good standing, as may be determined by the bar chairperson. The duties and functions of the chairperson and the bar examiners are defined in the bar examination manual. The names of the members of this committee shall remain confidential until the official release of the examination results. (138.12a)

Document: Re: 2025 Proposed Amendments to Rule 138 of the Rules of Courtresolution (RULE-100125) | Section: SECTION 9. Annual examinations. — The bar examinations shall take place annually in local testing centers across the Philippines, in such venues that the Supreme CourtEn Banc* may designate.

SECTION 17.Duty to provide accurate and complete information and disclose cases filed against an applicant.* — An applicant shall undertake to declare only true, correct, and complete information that is within their personal knowledge in filing a petition to take the bar examinations.

Any applicant, against whom a case is filed after completing the bar examinations but before the release of the examination results, shall inform the Supreme Court in a sworn statement about the details of the said case within five (5) calendar days from notice. The requirement in this paragraph similarly applies to any applicant who passed the bar examinations but against whom a case is filed after the release of the examination results but before the applicant takes the Lawyer's Oath and signs the Roll of Attorneys.

In the Supreme Court's assessment and sole discretion, considering the gravity of the claim or offense charged, any prior cases filed against the applicant, and similar reasons, the Supreme Court may defer the oath-taking of the concerned applicant, or impose any other preventive measures, as warranted. (n)

In any case, any false or inaccurate information, concealment or failure to disclose, or misrepresentation on the part of an applicant shall be a ground for either the denial of the application, disqualification from taking the examinations, or delisting from the list of passers, depending on the stage of discovery, and without prejudice to other disciplinary sanctions that the Supreme Court may impose.

SECTION 18.Certificate of Admission.* — The Supreme Court shall admit the successful applicant in Section 16 as a member of the bar and order the issuance of a certificate of admission to the bar. (138.18a)

Document: Re: 2025 Proposed Amendments to Rule 138 of the Rules of Courtresolution (RULE-100125) | Section: SECTION 9. Annual examinations. — The bar examinations shall take place annually in local testing centers across the Philippines, in such venues that the Supreme CourtEn Banc* may designate.

SECTION 13.Undue influence; disciplinary action.* — No applicant shall endeavor to influence, directly or indirectly, any official or employee of the Office of the Bar Chairperson, any member of the committee of examiners, or any personnel of the Office of the Bar Confidant.

During the examinations, the applicant shall not cheat or commit any act of dishonesty and shall sign an Honor Code to reflect this undertaking.

The applicant who violates this provision, or any other provision of this rule, shall be barred from the examinations and may be subjected to further disciplinary action, including permanent disqualification. (138.13a)

SECTION 14.Report of the committee.* — Within the time that may be prescribed by the Supreme Court, the committee shall file its report on the results of the examinations with the Clerk of Court. (138.15a)

SECTION 15.Review course.* — An applicant who has not passed the bar examinations three times, and on every third unsuccessful attempt thereafter, shall not be allowed to take the bar unless they show to the satisfaction of the Court that they have enrolled anew and passed regular fourth-year review classes, as well as attended a pre-bar review course in a recognized law school.

Those required to take the fourth-year review course shall be required to complete the same within a maximum period of four (4) consecutive semesters beginning their initial enrollment; and those who have completed their fourth-year review course shall be given a maximum of three (3) bar years within which to take the bar examinations.

The dean or any authorized school official shall certify under oath that the applicant has passed the subjects under the same conditions as regular students and the ratings obtained by them in the particular subject.

Before the examinations, a certification issued by the law school of the applicant that the latter is currently enrolled in the review classes, coupled with an affidavit of the applicant that he or she undertakes to subsequently enroll in a pre-bar review course, shall suffice and be submitted as evidence of the aforesaid facts.

SECTION 16.Admission and oath of successful applicants.* — An applicant who has passed the required examinations or has been otherwise found to be eligible for admission to the bar, and after submission of the complete documentary requirements outlined in the preceding sections, shall take and subscribe to the corresponding oath of office before the Supreme Court or, with its prior approval, before any member thereof.

Document: Re: 2025 Proposed Amendments to Rule 138 of the Rules of Courtresolution (RULE-100125) | Section: Rule 138 ADMISSION TO THE BAR

Rule 138 ADMISSION TO THE BAR

SECTION 1.Who may be admitted to the bar and practice law.* — No person shall be admitted to the bar who has not passed the bar examinations to be administered by the Supreme Court as provided in this Rule. (n)

The Supreme Court may require additional qualifications for the practice of law before it, or before any court with special jurisdiction. (n)

Any person who is duly admitted as a member of the bar in accordance with the provisions of the Constitution and the Rules of Court, and who remains in good and regular standing under the Code of Professional Responsibility and Accountability, may practice law. (138.1a)

Notwithstanding the foregoing, the Supreme Court may allow other persons who are not members of the Philippine bar to practice law in a limited capacity. (n)

SECTION 2.Essential requirements for all applicants for admission to the bar.* — Every applicant for admission as a member of the bar must be a citizen of the Philippines, of legal age, and must produce, before the Supreme Court, satisfactory evidence of good moral character, and that no charges involving moral turpitude have been decided with finality against the applicant in any court or tribunal in the Philippines or other jurisdiction. (138.2a)

An applicant must disclose any pending charges involving moral turpitude at the time of application. Such an applicant may conditionally take the examinations.

In the Supreme Court's assessment and sole discretion, considering the gravity of the claim or offense charged, any prior cases filed against the applicant, and similar reasons, the Supreme Court may defer the oath-taking of the concerned applicant, or impose any other preventive measures, as warranted.

SECTION 3.Academic requirements of all applicants to take the bar examinations.* — (a) The applicant shall submit a verified certificate of completion of all the requirements of the law degree to be issued by a government-recognized law school where the applicant graduated. Prior to taking the lawyer's oath and after passing the bar examinations, the applicant shall also submit the official law degree transcript of records.

No applicant shall be admitted to the bar examinations unless he or she has satisfactorily completed the following courses in a law school or university duly recognized by the Legal Education Board: Political Law and Public International Law, Commercial Law, Taxation Law, Civil Law and Land Titles and Deeds, Labor Law and Social Legislation, Criminal Law, Remedial Law, Legal and Judicial Ethics, and the mandatory Clinical Legal Education Program (CLEP).(b) Applicant with a foreign law degree. — A Filipino citizen who graduated from a foreign law school shall, before being permitted to take the bar examinations, submit to the Supreme Court the following requirements:

Document: R.A. No. 10175 - An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the Imposition of Penalties Therefor and for Other Purposes (RA-10175) | Section: SEC. 5. Other Offenses. —*The following acts shall also constitute an offense

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

CHAPTER IV ENFORCEMENT AND IMPLEMENTATION

SEC. 10. Law Enforcement Authorities. —The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

SEC. 11. Duties of Law Enforcement Authorities. —To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

SEC. 12. Real-Time Collection of Traffic Data. —Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 4 VENUE OF ACTIONS

Rule 4VENUE OF ACTIONS

Section 1. Venue in inferior courts.— (a) Real actions.— Forcible entry and detainer actions regarding real property shall be brought in the municipality or city in which the subject matter thereof is situated.  If the property be found in two or more municipalities or cities, actions may be brought in any of them, at the option of the plaintiff.(b) Personal actions.— All other civil actions in inferior courts shall be brought:

In the place specified by the parties by means of a written agreement, whenever the court shall have jurisdiction to try the action by reason of its nature or the amount involved;

If there is no such agreement, in the place of the execution of the contract sued upon as appears therefrom;

When the place of execution of the written contract sued upon does not appear therein, or the action is not upon a written contract, then in the municipality where the defendant or any of the defendants resides or may be served with summons.

Sec. 2. Venue in Courts of First Instance.— (a) Real actions.—Actions affecting title to, or for recovery of possession, or for partition or condemnation of, or foreclosure of mortgage on, real property, shall be commenced and tried in the province where the property or any part thereof lies.(b) Personal actions.— All other actions may be commenced and tried where the defendant or any of the defendants resides or may be found, or where the plaintiff or any of the plaintiffs resides, at the election of the plaintiff.(c) Actions against nonresidents.—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 the defendant located in the Philippines, the action may be commenced and tried in the province where the plaintiff resides or the property, or any portion thereof, is situated or found.

Document: R.A. No. 10175 - An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the Imposition of Penalties Therefor and for Other Purposes (RA-10175) | Section: SEC. 18. Exclusionary Rule. —* Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

SEC. 19. Restricting or Blocking Access to Computer Data. —When a computer data is prima faciefound to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

SEC. 20. Noncompliance.— Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctionalin its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V JURISDICTION

SEC. 21. Jurisdiction.— The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation— All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII COMPETENT AUTHORITIES

SEC 23. Department of Justice (DOJ).— There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Sec. 3. Conditions precedent.*— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.

Sec. 3. Conditions precedent.— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.

Sec. 4. Capacity.— 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 persons 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.

Sec. 5.Fraud, mistake, condition of the mind.— 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 mind of a person may be averred generally.

Sec. 6. Judgment.— 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.

Sec. 7. Action or defense based on document.— 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.

Sec. 8. How to contest genuineness of such documents.— 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 this provision 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.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Section 1. Meaning of words.*— The words "inferior courts" include both "justice of the peace courts" and "municipal courts."

Sec. 7. Order of trial.— On the trial, the court shall hear first the testimony of the plaintiff and his witnesses, next the testimony of the defendant and his witnesses, and finally the plaintiff may offer rebutting testimony.   When the testimony has been closed, the plaintiff or his representative shall be heard in argument, if he so desires, and upon the conclusion of his argument, the defendant or his representative may conclude the argument.

Sec. 8. Adjournment.— Inferior courts may adjourn the hearing of an action from day to day as the interest of justice requires, but shall not have power to adjourn hearings for a longer period than five (5) days for each adjournment, nor for more than fifteen (15) days in all.

Sec. 9. Offer to compromise.— If the defendant, at any time before the trial, offers in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he does not accept such offer before the trial, and fails to recover in the action a sum in excess of the offer, he cannot recover costs, but costs must be adjudged against him, and, if he recovers, be deducted from his recovery.   The offer and failure to accept it cannot affect the recovery otherwise than as to costs.

Sec. 10. Judgment after trial, when and how rendered.— At the conclusion of the trial, the justice of the peace or municipal judge shall render judgment for the plaintiff or for the defendant as the law and evidence may warrant.   If there is a counterclaim, the justice of the peace or municipal judge shall render judgment for the sum found in arrears from either party, with costs.   But he may adjourn the disposition of the case to a stated day, not exceeding one week from the time of the conclusion of the trial, for the consideration of the judgment, if he requires time for consideration.

Sec. 11. Dismissal upon plaintiff's failure to appear.— If the plaintiff does not appear at the time and place designated in the summons or in a subsequent order, the justice of the peace or municipal judge may dismiss the action for failure to prosecute, and render judgment for the defendant to recover his costs.   But such dismissal without hearing shall not be a bar to a subsequent action for the same cause.

Document: Bar Matter 850\u2014Continuing Legal Education (CASE-366 SCRA 302) | Section: Syllabi

Syllabi

• Attorneys; Legal Ethics; Mandatory Continuing Legal Education; The Court hereby resolves to approve, as it hereby approves, the Revised Rules on the Continuing Legal Education for Members of the Integrated Bar of the Philippines.—Considering the Rules on the Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to approve, as it hereby approves, the following Revised Rules for proper implementation.

Document: Pimentel vs Legal Education Board LEB (G.R. No. 230642) (CASE-AVP496-rw) | Section: Syllabi

Albeit some jurisdictions allow non-law graduates to take the aforementioned curriculum, it is still my respectful submission that to genuinely accomplish the objectives of R.A. 7662 and to refine the country’s legal instruction, such program should be restricted only to those who have completed a law course (either LL.B. or J.D.).

An insightful scrutiny of the LL.M. programs in the Philippines evinces that they necessitate foundational knowledge of the subject. They are structured in a particular format which incontrovertibly intends to prepare lawyers, judges, and law

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professors for global legal practice through indoctrination of international legislation and its impact on and correlation with local law.

For instance, in 2019, the University of the Philippines (UP) College of Law launched its LL.M. program with the following vision:

“The Master of Laws (LL.M.) Program of the University of the Philippines aims to prepare local and international legal practitioners, law professors, and government lawyers and judges for an increasingly cross-border, internationalized legal practice. The Program will familiarize its students with the intricacies of the evolving body of ASEAN regional law and international law, bridging it with Southeast Asian national legal traditions undergoing ASEAN Charter-based integration.

The Program offers core courses that provide students with a solid foundation in ASEAN law and international law. Through the master’s thesis, students have the opportunity to undertake innovative legal research and develop law reform proposals.” [Footnote *: ]

According to the UP College of Law website, graduate-level courses emphasize the development of analytical skills, application of advanced legal thought, and production of insightful research. Since LL.M. students are expected to be full-fledged lawyers possessed of certain competencies, courses are not going to be taught in the same way as undergraduate law courses. LL.M. courses are expected to be conducted in an environment of peer-learning and exchange, where teachers and students can learn from each other’s backgrounds and experiences and help each other achieve their respective academic goals. Graduates of the LL.M. Program are expected to

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become leaders in their respective fields of practice and expertise. [Footnote *: ]

Appositely, UP offers two specialization tracks which implement the following curricula:

In Master of Laws (Cross-Border and Regional Practice) [Footnote *: ] —

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Document: Pimentel vs Legal Education Board LEB (G.R. No. 230642) (CASE-AVP496-rw) | Section: Syllabi

Legal Education; Legal education in the Philippines has lagged because of the stakeholders’ laxity or complacency and failure or refusal to adapt and evolve.—Legal education in the Philippines has lagged because of the stakeholders’ laxity or complacency and failure or refusal to adapt and evolve. For instance, most schools in the country have been, for a long time, stuck with the archaic Socratic-Langdellian modes of teaching. However, some students do not have the mettle to argue orally and spontaneously but have what it takes to perform well and excel when presented with other methods of learning, such as problem-based teaching and clinical legal education. While other jurisdictions have long recognized and adopted alternative teaching options suited for such students, a few law schools in the Philippines have injected much-needed changes here and there, but only because they can, not because they need to. On the other hand, most schools still have not strived to do better because there is nothing to incentivize them. Worse, there is nothing to demotivate them from being deficient and indolent.

Statutes; Jurisprudence teaches that to justify the nullification of the law, there must be a clear and unequivocal breach of the Constitution, not a doubtful and equivocal breach.—Even after another rumination, the Court still sees no cogent reason to declare the entire RA 7662 unconstitutional based on the alleged encroachment of the Supreme Court’s authority and violation of academic freedom. As Associate Justice Amy C. Lazaro-Javier (Justice Lazaro-Javier) aptly pointed out, the presumption is that the legislature intended to enact a valid, sensible, and just law that operates no further than may be necessary to effectuate the specific purpose of the law. Every presumption should be indulged in favor of constitutionality. The burden of proof is on the party alleging an unequivocal breach of the Constitution. Moreover, the invocation of the above mentioned constitutional aphorisms, without more, cannot invalidate a law. Jurisprudence teaches that to justify the nullification of the law, there must be a clear and unequivocal breach of the Constitution, not a doubtful and equivocal breach. As the landmark case of Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila, 20 SCRA 849 (1967), instructs, “there being a presumption

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of validity, the necessity for evidence to rebut it is unavoidable, unless the statute or ordinance is void on its face.”

Document: Pimentel vs Legal Education Board LEB (G.R. No. 230642) (CASE-AVP496-rw) | Section: Syllabi

Illustrating the wisdom of Section 17, Justice Dimaampao observed that the LL.M. programs in the Philippines show the need for foundational knowledge and are structured in a particular format that incontrovertibly intends to prepare lawyers, judges, and law professors for global legal practice. [Footnote *: ] By way of an example, he extensively discussed the current structure and parameters of the master’s curriculum of the University of the Philippines (UP) College of Law.

It must be emphasized that the Master of Laws curriculum of the UP College of Law was designed based on the criteria it personally crafted. The eligibility requirements were formulated thusly not because of a State decree, but precisely because the college has the freedom to determine for itself, on academic grounds, the curriculum it will offer for its master’s program and who may be qualified to enroll therein. In line with this, the Court find it apropos to state that the UP College of Law, for all of its greatness, is still

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just one of the many law schools in the country. Its Master of Laws program does not represent what the other schools offer or would like to offer, in as much as the curriculum of one university cannot accurately reflect the trend in legal studies in the country.

Further, in other jurisdictions, students from non-law backgrounds can pursue LL.M. [Footnote *: ] Foreign schools are able to do this through viable workarounds, such as requiring the kind and number of non-legal students they accept or requiring non-law students to demonstrate an interest in law, [Footnote *: ] as in the case of one law school in England:

7. Can I apply if I do not have a law degree?

Students without a law background may apply to the LL.M. programme, but they need to demonstrate a high level of professional or academic experience in areas closely related to the subjects they wish to study. Recent graduates who have neither studied law nor passed a “conversion” course are only admitted in exceptional circumstances. [Footnote *: ]

Similarly, University of Queensland in Australia provides the same opportunity to non-law graduates, thus:

Which postgraduate law degrees can I apply for if I don’t have a law degree?

If you hold a non-law bachelor degree, you may wish to consider the Master of International Commercial Law, Masters of International Commercial Law/Commerce, Master of International Law, or Masters of International Relations/International Law. The Master of International

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Commercial Law (& dual) is designed for business, finance, commerce, accounting or economics graduates. The Master of International Law (& dual) is designed for social science, political science and arts graduates. [Footnote *: ]

Document: Calawag vs University of the Philippines Visayas (G.R. No. 207412) (CASE-ARQ306-rw) | Section: Syllabi

Syllabi

Remedial Law; Provisional Remedies; Writ of Preliminary Injunction; To be entitled to a writ of preliminary injunction, the petitioners must establish the following requisites: (a) the invasion of the right sought to be protected is material and substantial; (b) the right of the complainant is clear and unmistakable; and (c) there is an urgent and permanent necessity for the writ to prevent serious damage.—To be entitled to a writ of preliminary injunction, x x x the petitioners must establish the following requisites: (a) the invasion of the right sought to be protected is material and substantial; (b)the right of the complainant is clear and unmistakable; and (c) there is an urgent and permanent necessity for the writ to prevent serious damage. Since a preliminary mandatory injunction commands the performance of an act, it does not preserve the status quo and is thus more cautiously regarded than a mere prohibitive injunction. Accordingly, the issuance of a writ of preliminary mandatory injunction [presents a fourth requirement: it] is justified only in a clear case, free from doubt or dispute. When the complainant’s right is thus doubtful or disputed, he does not have a clear legal right and, therefore, the issuance of injunctive relief is improper.”

Schools; University of the Philippines; Under the University of the Philippines (UP) System’s faculty manual, the dean has complete discretion in approving or disapproving the composition of a thesis committee.—By necessary implication, the dean’s power to approve includes the power to disapprove the composition of a thesis committee. Thus, under the UP System’s faculty manual, the dean has complete discretion in approving or disapproving the composition of a thesis committee. Harmonizing this provision with the Graduate Program Manual of UP Visayas, and the Guidelines for the Master of Science in Fisheries Program, we agree with the CA’s interpretation that the thesis committee’s composition needs the approval of the dean after the students have complied with the requisites provided in Article 51 of the Graduate Program Manual and Section IX of the Guidelines for the Master of Science in Fisheries Program.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SECTION 1. Ordinary civil actions, basis of.**— Every ordinary civil action must be based on a cause of action. (n)

SECTION 1. *Ordinary civil actions, basis of.—  Every ordinary civil action must be based on a cause of action.  (n)

Document: RE: PROPOSED AMENDMENT TORULE 140 OF THE RULES OF COURTRE: DISCIPLINE OF JUSTICES AND JUDGES, A.M. No. 01-8-10 (AM-A.M. No. 01-8-10_1fd2423a) | Section: SEC. 6. Action.** - The Court shall take such action on the report as the facts and the law may warrant.

SEC. 6. *Action. - The Court shall take such action on the report as the facts and the law may warrant.

Document: RE: PROPOSED AMENDMENT TORULE 140 OF THE RULES OF COURTRE: DISCIPLINE OF JUSTICES AND JUDGES, A.M. No. 01-8-10 (AM-A.M. No. 01-8-10_1fd2423a) | Section: SEC. 7. Classification of charges.** - Administrative charges are classified as serious, less serious, or light.

SEC. 7. *Classification of charges. - Administrative charges are classified as serious, less serious, or light.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 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. (2a)

SEC. 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.  (2a)

**CIVIL ACTIONS ORDINARY CIVIL ACTIONS

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Sec. 2. Special proceeding distinguished.*— Every other remedy, including one to establish the status or right of a party or a particular fact, shall be by special proceeding.

Sec. 2. Special proceeding distinguished.— Every other remedy, including one to establish the status or right of a party or a particular fact, shall be by special proceeding.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SECTION 1. Ordinary civil actions, basis of.**— Every ordinary civil action must be based on a cause of action. (n)

SECTION 1. *Ordinary civil actions, basis of.—  Every ordinary civil action must be based on a cause of action.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 4. *Jurisdiction over person of respondent, how acquired.—  The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction.  (n)

SEC. 5. *Action by the court.—  The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.  (n)

SEC. 6. *Determination of factual issues.—  Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issues to any of its ,members or to an appropriate court, agency or office. (n)

SEC. 7. *Effect of failure to file comment.—  When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party.  (n)

Document: RE: PROPOSED AMENDMENT TORULE 140 OF THE RULES OF COURTRE: DISCIPLINE OF JUSTICES AND JUDGES, A.M. No. 01-8-10 (AM-A.M. No. 01-8-10_1fd2423a) | Section: SEC. 6. Action.** - The Court shall take such action on the report as the facts and the law may warrant.

SEC. 6. *Action. - The Court shall take such action on the report as the facts and the law may warrant.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 2. *To what actions applicable.—  This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.  (n)

SEC. 3. *Contents and filing of petition; effect of non-compliance with requirements.—  The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for.

It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original.

The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition.

The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 2. *To what actions applicable.—  This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.  (n)

SEC. 3. *Contents and filing of petition; effect of non-compliance with requirements.—  The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for.

It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original.

The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition.

The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SECTION 1. Ordinary civil actions, basis of.**— Every ordinary civil action must be based on a cause of action. (n)

SECTION 1. *Ordinary civil actions, basis of.—  Every ordinary civil action must be based on a cause of action.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SECTION 1. When case deemed submitted for judgment.**— A case shall be deemed submitted for judgment

SEC. 9. *Promulgation and notice of judgment. —  After the judgment or final resolution and dissenting or separate opinions, if any, are signed by the Justices taking part, they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties, or their counsel.  (n)

SEC. 10. *Entry of judgments and final resolutions. —  If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificate that such judgment or final resolution has become final and executory.  (2a, R36)

SEC. 11. *Execution of judgment.—  Except where the judgment or final order or resolution, or a portion thereof is ordered to be immediately executory, the motion for its execution may only be filed in the proper court after its entry.

In original actions in the Court of Appeals, its writ of execution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement.

In appealed cases, where the motion for execution pending appeal is filed in the Court of Appeals at a time that it is in possession of the original record or the record on appeal, the resolution granting such motion shall be transmitted to the lower court from which the case originated, together with a certified true copy of the judgment or final order to be executed, with a directive for such court of origin to issue the proper writ for its enforcement.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 4. *Jurisdiction over person of respondent, how acquired.—  The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction.  (n)

SEC. 5. *Action by the court.—  The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.  (n)

SEC. 6. *Determination of factual issues.—  Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issues to any of its ,members or to an appropriate court, agency or office. (n)

SEC. 7. *Effect of failure to file comment.—  When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 6

RULE 6

KINDS OF PLEADINGS**

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 6 PLEADINGS IN GENERAL

Rule 6 PLEADINGS IN GENERAL**

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

SEC. 6. *Supplemental pleadings.—  Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.  (6a)

SEC. 7. *Filing of amended pleadings.—  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.  (7a)

SEC. 8. *Effect of amended pleadings.—  An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

**RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS**

SECTION 1. *Amendments in general.—  Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.  (1)

SEC. 2. *Amendments as a matter of right.—  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) days after it is served.  (2a)

SEC. 3. *Amendments by leave of court.—  Except as provided in the next preceding section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. 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.  (3a)

SEC. 4. *Formal amendments.—  A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily 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)

SEC. 5. *Amendment to conform to or authorize presentation of evidence.—  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 the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. 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 and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.  (5a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 7

**RULE 7

PARTS OF A PLEADING**

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

SEC. 6. *Supplemental pleadings.—  Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.  (6a)

SEC. 7. *Filing of amended pleadings.—  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.  (7a)

SEC. 8. *Effect of amended pleadings.—  An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

**RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS**

SECTION 1. *Amendments in general.—  Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.  (1)

SEC. 2. *Amendments as a matter of right.—  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) days after it is served.  (2a)

SEC. 3. *Amendments by leave of court.—  Except as provided in the next preceding section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. 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.  (3a)

SEC. 4. *Formal amendments.—  A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily 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)

SEC. 5. *Amendment to conform to or authorize presentation of evidence.—  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 the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. 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 and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.  (5a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 34

**RULE 34

JUDGMENT ON THE PLEADINGS**

SECTION 1. *Judgment on the pleadings.—  Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may, on motion of that party, direct judgment on such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved.  (1a, R19)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 8

**RULE 8

MANNER OF MAKING ALLEGATIONS IN PLEADINGS**

SECTION 1. *In general.—  Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.  (1)

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

SEC. 2. *Alternative causes of action or defenses.—  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.  (2)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 8 ALLEGATIONS IN PLEADINGS

Rule 8 ALLEGATIONS IN PLEADINGS

Section 1. In general.—Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading- relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.

Sec. 2. Alternative causes of action or defenses.— 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 of the insufficiency of one or more of the alternative statements.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 9. Official document or act.**— In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law. (9)

SEC. 9. *Official document or act.—  In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.  (9)

SEC. 10. *Specific denial.—  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 in the complaint, he shall so state, and this shall have the effect of a denial.  (10a)

SEC. 11. *Allegations not specifically denied deemed admitted.—  Material averment in the complaint, 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.  (1a, R9)

SEC. 12. *Striking out of pleading or matter contained therein.—  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) 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.  (5, R9)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 38

SEC. 5. *Preliminary injunction pending proceedings. —  The court in which the petition is filed, may grant such preliminary injunction as may be necessary for the preservation of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse party, conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits, he will pay the adverse party all damages and costs that may be awarded to him by reason of the issuance of such injunction or the other proceedings following the petition; but such injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon the property of the petitioner.  (5a)

SEC. 6. *Proceedings after answer is filed. —  After the filing of the answer or the expiration of the period therefor, the court shall hear the petition and if after such hearing, it finds that the allegations thereof are not true, the petition shall be dismissed; but if it finds said allegations to be true, it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. Thereafter the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it.  (6a)

SEC. 7. *Procedure where the denial of an appeal is set aside.—  Where the denial of an appeal is set aside, the lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made.  (7a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 9

**RULE 9

EFFECT OF FAILURE TO PLEAD**

SECTION 1. *Defenses and objections not pleaded.—  Defenses and objections not pleaded either in a motion to dismiss or in the answer 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.  (2a)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 9 EFFECT OF PLEADINGS

Rule 9 EFFECT OF PLEADINGS

Section 1. Allegations not specifically denied deemed admitted.— Material averment in the complaint, other than those as to the amount of damage, shall be deemed admitted when not specifically denied. Allegations of usury are deemed admitted if not denied specifically and under oath.

Sec. 2. Defenses and objections not pleaded deemed waived.— Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived; except the failure to state a cause of action which may be alleged in a later pleading, if one is permitted, or by motion for judgment on the pleadings, or at the trial on the merits; but in the last instance, the motion shall be disposed of as provided in section 5 of Rule 10 in the light of any evidence which may have been received.   Whenever it appears that the court has no jurisdiction over the subject-matter, it shall dismiss the action.

Sec. 3. Omission of counterclaim or cross-claim.— When pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or  justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.

Sec. 4. Counterclaim or cross-claim not set up barred.— A counterclaim or cross-claim not set up shall be barred if it arises out of or is necessarily connected with, the transaction or occurrence that is the subject-matter of the opposing party's or co-party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

Sec. 5. Striking out of pleading or matter contained therein.— 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) 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.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 3. Conditions precedent.**— In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3)

SEC. 3. *Conditions precedent.—  In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.  (3)

SEC. 4. *Capacity.—  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 persons 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.  (4)

SEC. 5. *Fraud, mistake, condition of the mind.—  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.  (5a)

SEC. 6. *Judgment.—  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.  (6)

SEC. 7. *Action or defense based on document.—  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.  (7)

SEC. 8. *How to contest such documents.—  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.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 45

SEC. 7. *Pleadings and documents that may be required; sanctions.—  For purposes of determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule, or where the petition is given due course under section 8 hereof, the Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate, and impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefore.  (n)

SEC. 8. *Due course; elevation of records.—  If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice.  (2a)

SEC. 9. *Rule applicable to both civil and criminal cases.—  The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment. (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 9. Official document or act.**— In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law. (9)

SEC. 9. *Official document or act.—  In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.  (9)

SEC. 10. *Specific denial.—  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 in the complaint, he shall so state, and this shall have the effect of a denial.  (10a)

SEC. 11. *Allegations not specifically denied deemed admitted.—  Material averment in the complaint, 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.  (1a, R9)

SEC. 12. *Striking out of pleading or matter contained therein.—  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) 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.  (5, R9)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

**RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS**

SECTION 1. *Amendments in general.—  Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.  (1)

SEC. 2. *Amendments as a matter of right.—  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) days after it is served.  (2a)

SEC. 3. *Amendments by leave of court.—  Except as provided in the next preceding section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. 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.  (3a)

SEC. 4. *Formal amendments.—  A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily 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)

SEC. 5. *Amendment to conform to or authorize presentation of evidence.—  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 the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. 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 and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.  (5a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

SEC. 6. *Supplemental pleadings.—  Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.  (6a)

SEC. 7. *Filing of amended pleadings.—  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.  (7a)

SEC. 8. *Effect of amended pleadings.—  An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.  (n)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 10 AMENDED AND SUPPLEMENTAL PLEADINGS

Rule 10AMENDED AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments in general.— Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.

Sec. 2. When amendments allowed as a matter of right.— A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within ten (10) days after it is served.

Sec. 3. Amendments by leave of court.— After the case is set for hearing, substantial amendments may be made only upon leave of court.  But such leave may foe refused if it appears to the court that the motion was made with intent to delay the action or that the cause of action or defense is substantially altered.   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.

Document: Lloyds Richfield Industrial Corp. vs. National Power Corp., G.R. Nos. 190207 & 190213 (DSR-G.R. Nos. 190207 & 190213) | Section: RULE 10 Amended and Supplemental Pleadings

RULE 10 Amended and Supplemental Pleadings

SECTION 5. Amendment to conform to or authorize presentation of Evidence. — 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 the Pleadings as may be necessary to cause them to conform to the Evidence and to raise these issues may be made upon Motion of any party at any time, even after judgment; but failure to amend does not effect the result of the trial of these issues. 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 and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made. (Emphasis supplied)

Under Rule 10, Section 5, therefore, the issue of whether the four lots should be included in the properties to be expropriated is deemed to have been tried with the National Power Corporation's consent.

III

Lloyds Richfield, however, is not entitled to just compensation for the limestone deposits in its properties.

Under Article XII, Section 2 [79] of the Constitution, the State owns all minerals found in Philippine soil. While Lloyds Richfield has title to the properties, it does not own the minerals underneath them, as shown by the permits and the Mineral Production Sharing Agreement it had to secure from the government to conduct quarrying activities in its properties.

Article 437 [80] of the Civil Code, which provides that the owner of a parcel of land is the owner of its surface and everything under it, is not without limitations. For one, it is a statute that cannot trump a constitutional provision. Article 437 itself provides that it is "subject to special laws and ordinances." Certainly, the Constitution can be considered a special law, if not the fundamental law, to which all statutes must conform. AScHCD

Furthermore, in Republic v. Court of Appeals, [81] this Court held that an owner of a parcel of land may even be ousted of ownership of their land should minerals be found underneath it, in which case, they shall be paid just compensation for the taking of the land — not for the taking of the minerals underneath it. Said this Court:

Document: Ada vs. Baylon, G.R. No. 182435 (DSR-G.R. No. 182435) | Section: Section 6, Rule 10 of the Rules of Court reads

Section 6, Rule 10 of the Rules of Court reads:

Sec. 6. Supplemental Pleadings. ÔÇô Upon Motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The Adverse Party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.

In Young v. Spouses Sy,[36] this Court had the opportunity to elucidate on the purpose of a supplemental pleading. Thus:

As its very name denotes, a supplemental pleading only serves to bolster or add something to the primary pleading. A supplement exists side by side with the original. It does not replace that which it Supplements. Moreover, a supplemental pleading assumes that the original pleading is to stand and that the issues joined with the original pleading remained an issue to be tried in the action. It is but a continuation of the Complaint. Its usual office is to set up new facts which justify, enlarge or change the kind of relief with respect to the same subject matter as the controversy referred to in the original Complaint. The purpose of the supplemental pleading is to bring into the records new facts which will enlarge or change the kind of relief to which the plaintiff is entitled; hence, any supplemental facts which further develop the original right of action, or extend to vary the relief, are available by way of supplemental Complaint even though they themselves constitute a right of action.[37] (Citations omitted and emphasis ours)

Thus, a supplemental pleading may properly allege transactions, occurrences or events which had transpired after the filing of the pleading sought to be supplemented, even if the said supplemental facts constitute another Cause of Action.

Admittedly, in Leobrera v. Court of Appeals,[38] we held that a supplemental pleading must be based on matters arising subsequent to the original pleading related to the claim or defense presented therein, and founded on the same Cause of Action. We further stressed therein that a supplemental pleading may not be used to try a new Cause of Action.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 11

**RULE 11

WHEN TO FILE RESPONSIVE PLEADINGS**

SECTION 1. *Answer to the complaint.—  The defendant shall file his answer to the complaint within fifteen (15) days after service of summons, unless a different period is fixed by the court.  (1a)

SEC. 2. *Answer of a defendant foreign private juridical entity.—  Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such entity.  (2a)

SEC. 3. *Answer to amended complaint.—  Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within fifteen (15) 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 ten (10) days 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.  (3a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 12

**RULE 12

BILL OF PARTICULARS**

SECTION 1. When applied for; purpose.*—  Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired.  (1a)

SEC. 2. *Action by the court.—  Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright, or allow the parties the opportunity to be heard. (n)

SEC. 3. *Compliance with order.—  If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) 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.  (n)

SEC. 4. *Effect of non-compliance.—  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.  (1[c]a)

SEC. 5. *Stay of period to file responsive pleading.—  After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5) days in any event.  (1[b]a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

**RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS**

SECTION 1. *Amendments in general.—  Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner.  (1)

SEC. 2. *Amendments as a matter of right.—  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) days after it is served.  (2a)

SEC. 3. *Amendments by leave of court.—  Except as provided in the next preceding section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. 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.  (3a)

SEC. 4. *Formal amendments.—  A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily 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)

SEC. 5. *Amendment to conform to or authorize presentation of evidence.—  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 the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. 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 and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.  (5a)

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 11 PERIODS FOR PLEADING

Rule 11 PERIODS FOR PLEADING

Section 1. Time to answer.— Within fifteen (15) days after service of summons the defendant shall file his answer and serve a copy thereof upon the plaintiff, unless a different period is fixed by the court.

Sec. 2. Time to answer when defendant is foreign corporation.— Where the defendant is a foreign corporation and service of summons is made on the government official designated by law to that effect, the defendant may answer within thirty (30) days after receipt of summons.

Sec. 3. Answer to amended complaint.— If the complaint is amended, the time fixed for the filing and service of the answer shall, unless otherwise ordered, run from notice of the order admitting the amended complaint or from service of such amended complaint.  An answer filed before the amendment shall stand as an answer to the amended complaint, unless a new answer is filed within ten (10) days from notice or service as herein provided.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 10

SEC. 6. *Supplemental pleadings.—  Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.  (6a)

SEC. 7. *Filing of amended pleadings.—  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.  (7a)

SEC. 8. *Effect of amended pleadings.—  An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 12

**RULE 12

BILL OF PARTICULARS**

SECTION 1. When applied for; purpose.*—  Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired.  (1a)

SEC. 2. *Action by the court.—  Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright, or allow the parties the opportunity to be heard. (n)

SEC. 3. *Compliance with order.—  If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) 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.  (n)

SEC. 4. *Effect of non-compliance.—  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.  (1[c]a)

SEC. 5. *Stay of period to file responsive pleading.—  After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5) days in any event.  (1[b]a)

Document: Bill of Particulars in Criminal Cases (G.R. 92362-67,) (CASE-202 SCRA 739) | Section: a. *Generally

a. Generally

A bill of particulars is a more definite statement of any matter which is not averred with sufficient definiteness or particularity to enable a party properly to prepare his responsive pleading or to prepare for trial (Sec. 1, Rule 12, Revised Rules of Court; Moreno, F., Philippine Law Dictionary, 1988 3rd ed., p. 106).

It is an amplification or more particular specification of the matters set forth in the pleading (De Jesus v. Court of First Instance, SP-05380, March 7, 1977 cited in Moreno, supra). It gives information of the specific proposition for which the pleader contends, in respect to the any material and issuable fact in the case, and it becomes a part of the pleading which it supplements (61 Am. Jur. 2d., sec. 295, p. 704).

A bill of particulars is appropriate in all descriptions of actions where the circumstances are such that justice demands that a party should be apprised of the matters for which he is to be put on trial with greater particularity than is required by the rule of pleading (Words and Phrases, Vol. 5, p. 496).

Document: PROPOSED AMENDMENTS TO THEREVISED RULES OF THE COURT OF TAX APPEALS, A.M. No. 05-11-07 (AM-A.M. No. 05-11-07_52c0f3f5) | Section: Sec. 4. Bill of particulars.

Sec. 4. Bill of particulars. -

(a) Requirement for bill of particulars. - The Court, on its own initiative or upon motion of either party filed before responding to a pleading or, if no responsive pleading is permitted by these Rules, within ten days after service of the pleading, may order a party to submit a detailed statement of the nature of the claim or defense or of any matter stated in any pleading, which is not averred with sufficient definiteness or particularity. Such order or motion shall point out the defects complained of and the details desired. After service of the bill of particulars or of a more definite pleading, the moving or adverse party may file a responsive pleading within ten days.

x x x

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 12 BILL OF PARTICULARS; INTERVENTION

Rule 12 BILL OF PARTICULARS; INTERVENTION

Section 1.Motion for bill of particulars.— Before responding to a pleading or, if no responsive pleading is permitted by these rules, within ten (10) days after service of the pleading upon him, a party may move for a more definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading or to prepare for trial. Such motion shall point out the defects complained of and the details desired.(a) Bill a part of pleading.— A bill of particulars becomes a part of the pleading which it supplements.   It shall be governed by the rules of pleading and the original shall be filed with the clerk of the court.(b) Stay of period to file responsive pleading.— After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party shall have the same time to serve his responsive pleading, if any is permitted by these rules, as that to which he was entitled at the time of serving his motion, but not less than five (5) days in any event.(c) Refusal.— If an order of the court to make a pleading more definite and certain or for a bill of particulars is not obeyed within ten (10) days after notice of the order or within such other time as the court may fix, the court may order the striking out of the pleading to h the motion was directed or make such other order as it deems just.   It may, upon motion, set aside the order, or modify it in the interest of justice.

Document: PROPOSED AMENDMENTS TO THEREVISED RULES OF THE COURT OF TAX APPEALS, A.M. No. 05-11-07 (AM-A.M. No. 05-11-07_52c0f3f5) | Section: RULE 12 TRIAL

RULE 12 TRIAL

Sec. 3. Taking of evidence by a justice. - The Court may motu proprio or upon proper motion, direct that a case, or any issue therein be assigned to one of its members for the taking of evidence, when the determination of a question of fact arises at any stage of the proceedings, or when the taking of an account is necessary or when the determination of an issue of fact requires the examination of a long account. The hearing before such justice shall proceed in all respects as though the same had been made before the Court.

Upon the completion of such hearing the justice concerned shall promptly submit to the Court a written report thereon, stating therein the findings and conclusions. Thereafter, the Court shall render its decision on the case adopting, modifying, or rejecting the report in whole or in part, or the Court may in its discretion, recommit it to the justice with instructions, or receive further evidence. (a)

Sec. 4. Taking of evidence by Court official. - In default or ex parte hearings or in any case where the parties agree in writing the Court may delegate the reception of evidence to the Clerk of Court, the Division Clerks of Court their assistants who are members of the Philippine bar or any Court attorney. The reception of documentary evidence by a Court official shall be for the sole purpose of marking comparison with the original and identification by witnesses of such documentary evidence. The Court official shall have no power to rule on objections shall be resolved by the Court upon submission of exhibits, which objections shall be resolved by the Court upon submission of the report and the transcripts within ten days from termination of the hearing. (a)

Sec. 5. Presentation of voluminous documents or long accounts. - In the interest of speedy administration of justice the following rules shall govern the presentation of voluminous documents or long accounts such as receipts invoices and vouchers as evidence to establish certain facts:

(a) Summary and CPA certification.

x x x

The name of the Certified Public Accountant or partner of a professional partnership of certified public accountants in change must be stated in the motion. The court shall issue a commission authorizing the independent CPA to conduct an audit and, thereafter, testify relative to such summary and certification.