Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Procedures SY 2013-2014
MIDTERMS
December
10,
2013
Rule
11
When
to
File
Responsive
Pleadings
Responsive
Pleadings
the
answer
to
complaint,
counter
claim,
cross
claim,
third
party
complaint
(forth,
fifth),
reply.
A.
Answer
to
the
Complaint:
When
to
file
o
15
days
from
the
receipt
of
the
summons
JKB
Rm
405
So
even
if
the
period
to
answer
the
original
complaint
has
already
expired,
IT
DOES
NOT
MATTER.
What
is
important
is
the
time
you
received
the
amended
complaint.
The
period
to
file
reply
is
10
days
from
the
time
the
defendant
file
an
answer
G.
Answer
to
supplemental
complaint:
10
days
from
receipt
of
the
order
admitting
it
Amended
it
depends
o
Matter
of
right
15
days
o
Judicial
Discretion
10
days
If
the
judge
thinks
that
it
only
delays
the
case,
he
may
deny
the
motion.
By
Mailing
EX:
You
want
to
file
case
in
Davao,
you
dont
have
to
go
to
Davao.
2
MODES
OF
MAILING:
Ordinary
Mail
the
date
of
mail
is
not
the
date
of
filing,
it
is
the
date
of
actual
receipt
of
the
court
REGISTERY
CARD:
In
the
Registry
Card,
you
write
the
name
of
the
addressee.
Then
you
tell
the
post
office
that
you
will
mail
it
in
a
registered
mail.
You
will
be
issued
a
registry
receipt.
When
that
mail
is
delivered
to
the
addressee
in
Davao,
that
mailman
will
give
the
envelope
and
detach
the
registry
card
attached
to
it.
Papermahon
dayon
ang
addressee
as
a
sign
that
he
received
it.
The
mailman
will
return
that
registry
receipt
to
Cebu,
and
that
will
be
the
best
proof
that
the
addressee
has
already
received
it.
*Service
of
Pleading
consist
furnishing
a
copy
of
pleading
filed
in
court
SUBSEQUENT
TO
THE
COMPLAINT
In
a
complaint,
you
need
not
serve
a
copy
to
the
other
party.
If
you
file
a
complaint,
you
file
it
in
court
and
it
is
the
court
who
will
furnish
a
copy
to
the
defendant
through
the
issuance
of
the
summons
attached
with
the
complaint
requiring
defendant
to
answer.
It
is
not
the
duty
of
the
plaintiff
to
furnish
copy
of
the
complaint
to
the
defendant.
It
is
the
duty
of
the
court.
In
so
far
as
service
of
the
complaint
governed
by
Rule
14
BUT
ALL
PLEADINGS
SUBSEQUENT
TO
THE
COMPLAINT
(answer,
counterclaim,
crossclaim,
third
party
complaint,
reply,
motions,
etc)
you
must
furnish
copy
of
that
to
the
other
party
JKB Rm 405
The
clerk
of
court
will
not
allow
that
you
will
file
your
pleading
in
court
if
there
is
no
proof
that
you
have
furnished
copy
to
the
other
party.
How
to
serve
pleading
to
the
other
party:
JKB
Rm
405
Remember:
Before
the
court
will
accept
your
pleading,
there
must
be
a
proof
of
service
of
pleading
to
the
other
party.
How
will
you
prove?
JKB Rm 405
In
the
new
rules,
it
is
specified
kung
kinsa
mga
taw
nga
dapat
makadawat
sa
summons
o
President,
Managing
Partner,
General
Manager,
Corporate
Secretary,
Corporate
Treasurer,
In-house
Council
-
MEMORIZE
JKB
Rm
405
Contents
the
specific
reliefs
you
are
asking
for
and
the
sufficient
grounds
relied
upon
by
the
relief
o
There
must
be
a
supporting
affidavit
of
merit.
E.g.
motion
for
new
trial,
motion
to
lift
the
order
of
the
court
MARU2
SA
MGA
ABOGADO:
After
receiving
the
motion,
and
you
notice
that
it
is
a
proforma
motion
ayaw
usa
ug
tingog.
Let
the
15-day
period
to
pass,
after
15
days
you
tell
that
the
motion
is
a
proforma
motion.
The
other
party
dali2
dayun
himu
ug
appeal
pero
wala
na.
Prescribe
na.
They
have
already
lost
the
case
simply
because
of
technicalities.
C.
Motion
Day:
Is
on
a
Friday
afternoon,
or
if
Friday
is
a
non
working
day,
in
the
afternoon
of
the
next
working
day.
-
BUT
MUST
NOT
BE
MORE
THAN
10
DAYS
AFTER
THE
SERVICE
OF
MOTION
D.
Omnibus
Motion
Rule
when
you
file
motion
in
the
court,
put
all
available
grounds.
E.
Motion
for
Leave:
A
motion
for
leave
to
file
a
pleading
or
motion
shall
be
ACCOMPANIED
by
the
pleading
or
motion
sought
to
be
admitted
(Sec.
9).
If
not
accompanied
by
the
pleading,
the
court
will
not
act
on
your
motion.
It
I
considered
as
a
mere
scrap
of
paper
proforma
motion.
F.
Form:
The
rules
applicable
to
pleadings
shall
apply
to
written
motion
as
far
as
caption,
designation,
signature,
and
other
matters
of
form
(Sec.
10).
Rule
16
MOTION
TO
DISMISS
REMEMBER:
Motions
if
litigable,
it
must
be
set
for
hearing
Without
setting
of
hearing
proforma
motion
A
Motion
to
Dismiss
LITIGABLE
MOTION
MUST
BE
SET
FOR
A
HEARING
A.
When
to
file:
Filed
normally
by
the
defendant
within
the
period
to
answer
(15-day
period)
he
has
the
option
to
file
an
answer
right
away
or
file
a
motion
to
dismiss
B.
Grounds
for
Motion
to
Dismiss
10
GROUNDS:
1.
That
the
court
has
no
jurisdiction
over
the
person
of
the
defendant
*When
does
the
court
acquire
jurisdiction
over
the
person
of
the
defendant?
The
moment
the
defendant
receives
the
summons
and
the
copy
of
the
complaint.
JKB Rm 405
sheriff
and
not
of
the
plaintiff.
The
court
should
not
dismiss
the
complaint
right
away.
*This
is
the
weakest
ground
it
can
easily
be
corrected
-
if
he
is
not
yet
served
of
summons,
then
serve
the
summons
again
propery.
Mao
ra
man
d.i
na
ang
rason,
let
the
sheriff
serve
it
right
now.
If
he
will
say
that
the
summons
was
improperly
served
because
it
was
given
to
his
10year
old
son,
aw
serve
it
this
time
to
him
properly.
Abandoned:
If
the
defendant
questions
the
jurisdiction
of
the
court
on
the
ground
of
invalid
service
of
summons,
he
may
do
so
by
way
of
special
appearance.
However,
if
the
same
motion
also
raised
other
grounds
of
a
motion
to
dismiss,
such
special
appearance
will
be
of
no
avail
and
the
party
is
deemed
to
have
submitted
himself
to
the
jurisdiction
of
the
court.
(De
Midgely
vs
Ferandos)
This
seems
like
a
shallow
ruling
of
the
court,
that
is
why
it
is
abandoned.
Applicable:
La
Naval
Case
If
you
filed
motion
to
dismiss
based
on
ground
No.
1,
you
should
do
it
by
way
of
special
appearance.
Meaning,
you
are
not
waiving
your
right
to
question
the
jurisdiction.
THAT
YOU
ARE
JUST
FILE
A
MOTION
FOR
A
SPECIAL
APPEARANCE
PURPOSELY
TO
QUESTION
THE
JURISDICTION
OF
THE
COURT
BECAUSE
OF
IMPROPER
SERVICE
OF
SUMMONS.
Therefore,
you
are
not
precluded
from
including
other
grounds
especially
that
there
is
this
Omnibus
Motion
Rule.
2.
That
the
court
has
no
jurisdiction
over
the
subject
matter
This
can
be
resolved
by
the
court
simply
by
looking
at
the
allegations
in
the
complaint
whether
it
states
that
the
court
has
jurisdiction
of
the
subject
matter.
The
court
will
not
entertain
any
other
subject
matter
except
those
mentioned
only
in
the
complaint.
tan.awn
nato
ning
complaint
be
if
tinuod
ba
nga
wa
just
jurisdiction
ang
court
over
the
subject
matter.
*This
ground
is
a
ground
that
is
not
considered
waived
even
if
you
did
not
raised
it
in
the
motion
to
dismiss.
If
you
did
not
include
it
in
the
motion
to
dismiss,
you
can
include
it
in
the
ANSWER
BY
WAY
OF
SPECIAL
DEFENSE.
You
can
even
raise
this
ground
ANYTIME,
even
if
the
case
has
already
been
decided
by
the
court.
You
can
even
raise
it
for
the
first
time
only
appeal.
EXCEPT
when
there
is
UNREASONABLE
DELAY
in
raising
the
issue
by
reason
of
ESTOPPEL
BY
LACHES.
As
a
general
rule,
the
ground
of
lack
of
jurisdiction
over
the
subject
matter
may
be
raised
anytime,
even
for
the
first
time
on
appeal.
However,
if
there
is
unreasonable
delay
in
raising
this
ground,
you
may
no
longer
be
allowed
to
invoke
it
under
the
equitable
doctrine
of
estoppel
by
laches
(Tijam
vs
Sibonghanoy)
But
the
Sibonghanoy
ruling
is
not
intended
to
be
the
rule.
It
is
only
to
be
applied
in
exceptional
cases.
(Seafdec-Agriculture
Dept.
vs
NLRC)
and
the
case
of
(De
Leon
vs
CA)
-
ONLY
WHEN
THERE
IS
UNREASONABLE
DELAY.
3.
Improper
venue
filed
in
a
wrong
venue;
it
may
be
in
proper
court
but
it
is
in
improper
venue
4.
Lack
of
legal
capacity
to
sue
on
the
part
of
the
plaintiff
-
2
Types
of
Lack
of
legal
Capacity
to
Sue:
JKB
Rm
405
5.
Litis
pendensia
that
another
action
pending
between
the
same
parties
for
the
same
cause
of
action
This
presupposes
that
there
is
another
case
that
is
pending,
these
2
cases
are
also
identical.
Elements
of
Litis
Pendentia:
Res
Judicata
that
there
is
another
case
with
the
same
facts,
issues
and
relief
-
that
was
filed
before
and
it
has
already
been
decided.
10.
Condition
precedent
for
the
filing
of
claim
has
not
be
complied
with
Eg.
Exhaustion
of
Administrative
Remedies,
Barangay
Conciliation,
Exerted
Earnest
Effort
to
Settle
the
Matter
Amicably
must
be
indicated
in
the
complaint.
C.
Hearing
of
the
Motion
to
Dismiss:
The
court
required
the
movant
to
present
evidence
in
support
of
his
motion
to
dismiss.
The
movant
is
allowed
to
present
evidence
to
substantiate
his
claim.
However,
he
is
not
allowed
to
present
evidence
if
the
ground
he
relied
on
are:
Deny
Grant
BUT
WHAT
IF
YOU
ONLY
HAVE
2
DAYS
LEFT?
HOW
MANY
DAYS
LEFT
FOR
YOU
TO
FILE?
5
DAYS
No
case
it
shall
exceed
5
days.
F.
Effect
of
order
of
dismissal:
-
the
plaintiff
may
APPEAL
the
dismissal
or
RE-FILE
the
case
if
the
ground
for
dismissal
are
par.
1,
2,
3,
4,
5,
7
and
10.
But
if
the
dismissal
is
ground
on
par.
6,
8
and
9
you
cannot
anymore
re-file.
EXCEPTIONS:
CANNOT
RE-FILE
Ground
7:
Lack
of
Cause
of
Action
CANNOT
RE-FILE
Ground
9:
Statute
of
Fraude
CANNOT
BE
RE-FILE
Ground
10:
Conditions
Precedent
JKB Rm 405
JKB
Rm
405
January
11,
2014
Rule
18
PRE-TRIAL
Pre-Trial
that
stage
in
the
litigation
of
action
where
the
parties
are
called
by
the
court
in
a
conference
to
find
avenue
of
amicable
settlement
of
the
case
A.
When
conducted:
Shall
be
conducted
after
all
the
issues
are
joined.
B.
Nature
and
Purpose:
settlement of facts
admission of facts
C.
Effects
of
failure
to
appear:
10
*he
may
side
with
the
plaintiff,
or
of
the
defendant,
or
he
may
contradict
both
You
must
file
MOTION
FOR
LEAVE
OF
COURT
it
must
be
along
with
pleadings
that
you
want
the
court
to
admit
(PLEADING
IN
INTERVENTION)
JKB Rm 405
JKB
Rm
405
Why?
Because
of
the
Constitutional
Rights
of
the
Accused
the
right
of
the
accused
to
have
a
compulsory
process
to
secure
the
attendance
of
his
witnesses
and
production
of
evidences
in
Criminal
Cases.
Rule
22
Computing
the
Period
mentioned
throughout
the
discussions
January
16,
2014
Modes
of
Discovery
Using
the
modes
of
discovery,
you
can
compel
the
other
party
to
lay
all
their
cards
in
the
table
so
that
there
be
no
more
surprises
during
the
trial
of
the
case.
1.
Deposition
Taking
(Rule
23)
2.
Written
Interrogatories
to
Parties
(Rule
25)
3.
Request
for
Admission
of
Adverse
Parties
(Rule
26)
4.
Production
or
Inspection
of
Documents
and
Things
(Rule
27)
5.
Physical
and
Mental
Examination
of
Persons
(Rule
28)
Rule
23
Deposition
Pending
Action
Deposition
Taking
most
effective
tool
to
know
what
are
the
evidence
in
the
hands
of
other
party.
Deposition
is
actually
the
advance
taking
of
the
testimony
of
the
person
-
a
party
to
the
case,
prospective
witness
or
any
person
who
may
have
knowledge
about
the
subject
matter
of
the
case.
You
can
take
his
testimony
in
advance
in
writing.
Deponent
the
prospective
witness
subject
of
the
deposition
Can
be
done
through
This
is
the
same
as
direct
&
cross
examination
except
that
the
one
who
will
listen
to
the
testimony
is
not
necessarily
the
judge
BUT
ANY
PERSON
WHO
MAY
QUALIFY
AS
DEPOSITION
OFFICER.
Written
Interrogatories
-
the
requesting
party
who
wants
to
take
the
depositions
will
write
all
his
question
in
a
paper
sent
to
the
deposition
11
officer
who
will
also
send
it
to
the
lawyer
of
the
other
party
who
will
write
all
the
answers.
*What
are
the
Questions
asked?
ANY
QUESTIONS
provided
it
is
relevant
and
material,
and
it
is
not
privilege
information
Privilege
Information
confidential
matters
EX:
confession
to
the
priest,
lawyer-client
relationship,
doctor-patient
relationship,
husband
and
wife
conversations
*When
can
we
use
Deposition?
Even
before
the
trial
starts.
*When
you
take
deposition
of
any
person
,
you
are
not
compelled
to
use
the
person
as
a
witness.
If
favorable,
then
you
use
him.
If
not,
I
can
always
refuse
to
use
him
in
the
case.
You
are
just
fishing
for
evidence.
Note:
You
can
take
the
Deposition
of
the
other
party
but
you
are
not
compelled
to
use
the
deposition
during
trial.
One
use
of
deposition
is
for
early
disposition
of
the
case
by
amicable
settlement.
If
you
know
what
are
the
evidences
of
the
other
party,
mas
sayu
nmu
mahibaw.an
kung
pildihunon
ka
or
dili.
If
you
are
about
to
lose
the
case,
aw
bai
settlement
nlang
ta
bi.
Use
of
Deposition:
12
Judge
Notary Public
JKB Rm 405
Notice sent first to the other party and to the court (Sec 15)
The
notice
shall
state
the
name
and
address
of
the
person
to
answer
it,
Deposition
officer
shall
give
notice
of
its
filing
in
court
(Sec.
27)
Rule
24
Deposition
Before
Action
or
Pending
Appeal
Before
Action
done
before
the
case
EX:
You
wanted
to
file
a
case
but
you
lack
evidence.
One
of
your
witness
is
about
to
die,
so
you
will
take
his
deposition.
Pending
Appeal
you
have
lost
the
case
in
lower
court
and
you
appealed
JKB
Rm
405
-
The
petitioner
shall
serve
a
notice
upon
each
person
named
in
the
petition
as
an
expected
adverse
party,
together
with
a
copy
of
the
petition,
-
The
court
will
decide
whether
the
position
shall
be
by
oral
examination
or
by
written
interrogatories.
C.
Deposition
pending
appeal:
When
taken:
Even
before
appeal
is
filed,
but,
the
period
to
appeal
has
not
yet
expired.
Rule
25
Interrogatories
to
Parties
A.
How
is
it
done:
Is
leave
of
court
required
before
one
can
avail
of
interrogatories
to
parties?
13
At
any
time
after
issues
have
been
joined,
a
party
may
file
and
serve
upon
any
other
party
a
written
request
for
the
admission
by
the
latter
of
the
genuineness
of
any
material
and
relevant
document
described.
Leave
of
court
is
not
necessary
here.
This
is
because
there
is
already
an
answer
when
you
avail
of
this
mode
of
discovery.
B.
Implied
Admission:
The
request
is
deemed
admitted
if
the
party
requested
fails
to
answer
the
request
within
fifteen
(15)
days
after
service
thereof.
So
if
you
are
asked
if
it
is
genuine,
you
did
not
answer
Then
you
are
deemed
to
have
impliedly
admitted
the
genuineness
of
the
document.
Plaintiff
filed
a
case
with
attachment
of
promissory
note
signed
by
the
defendant.
Defendant
answered
that
it
is
genuine
in
his
answer.
Before
the
start
of
the
trial,
the
plaintiff
sent
a
letter
to
the
defendant
requesting
the
admission
of
genuineness.
When
a
matter
is
already
effectively
denied
in
the
pleading,
as
in
the
case
of
an
actionable
document
attached
to
the
complaint
(ie.
Promissory
note)
but
was
specifically
denied
in
the
answer,
there
is
no
need
any
more
to
ask
it
again
under
Rule
26.
If
requested
and
not
denied,
there
is
no
admission.
(Po
vs
CA)
C.
Effect
of
Admission:
D.
Withdrawal
of
admission:
E.
Effect
of
failure
to
file
and
serve
request
for
admission
GR:
If
you
did
not
serve
a
request
for
admission
on
the
adverse
party
of
material
or
relevant
facts
at
issue
which
are,
or
ought
to
be,
within
the
personal
knowledge
of
the
latter,
you
will
not
be
permitted
to
present
evidence
on
such
facts.
EXCEPTION:
Before
the
trial,
you
can
ask
for
the
production
of
the
documents
in
clear
copy
so
that
you
can
have
it
photocopied
B.
Requisites
for
a
valid
inspection
of
documents
or
things
(REAL
OR
PERSONAL):
14
What
if
it
is
a
cadaver?
Is
it
included
in
this
Rule?
NO,
this
rule
is
only
for
the
person
A
LIVING
PERSON.
Cadaver
is
different,
it
is
already
a
thing
applicable
in
Rule
27
Inspection
and
Production
of
a
thing.
A.
When
examination
may
be
ordered:
In
an
action
in
which
the
mental
or
physical
condition
of
a
party
is
in
controversy,
the
court
in
which
the
action
is
pending
may
in
its
discretion
order
him
to
submit
a
physical
or
mental
examination
by
a
physician
(Sec.
1)
The
order
for
examination
may
be
made
only
upon
motion
for
good
cause
show
an
upon
notice
to
the
party
to
be
examined
and
to
all
other
parties,
and
shall
specify
the
time,
place,
manner,
conditions
and
scope
of
the
examination
and
the
person
or
persons
by
who
it
is
to
be
made
(Sec.
2).
B.
Report
of
Findings:
If
requested
by
the
party
examined,
the
party
causing
the
examination
to
be
made
shall
deliver
to
him
a
copy
of
a
detailed
written
report
of
the
examining
physician
setting
out
his
findings
and
conclusions.
But
can
the
doctor
refuse
to
give
the
result?
YES,
by
reason
of
doctor-
patient
relationship.
It
is
a
privilege
communication.
REMEDY:
The
court
will
require
the
patient
to
order
his
doctor
to
give
the
report.
Otherwise,
you
have
deemed
to
have
waived
the
doctor-patient
relationship.
C.
Waiver
of
privilege:
By
requesting
and
obtaining
a
report
of
the
examination
so
ordered
or
by
taking
the
deposition
of
the
examiner,
the
party
examined
waives
any
privilege
he
may
have
in
that
action
or
any
other
involving
the
same
controversy,
regarding
the
testimony
of
every
other
person
who
has
examined
or
may
thereafter
examine
him
in
respect
of
the
same
mental
or
physical
examination.
(Sec.
4)
Rule
29
Refusal
to
Comply
with
Modes
of
Discovery
A.
Refusal
to
Answer:
Movant
may
ask
from
the
court
for
an
order
to
compel
from
the
deponent
to
answer.
If
the
court
finds
the
refusal
to
answer
unreasonable,
it
may
order
deponent
and
counsel
to
pay
reasonable
expenses
incurred
by
the
proponent
in
obtaining
the
order.
If
the
refusing
party
is
the
plaintiff,
the
court
may
dismiss
his
case;
JKB Rm 405