TERMS & PRINCIPLES 1

CIVIL PROCEDURE

GENERAL PRINCIPLES JURISDICTION

Concept of Remedial Law Jurisdiction is defined as the authority to try, hear and decide
It is a branch of public law which prescribes the procedural a case.
rules to be observed in litigations, whether civil, criminal, or
administrative, and in special proceedings, as well as the Jurisdiction Over the Parties
remedies or reliefs provided in each case. (2006 Bar Jurisdiction over the plaintiff is acquired from the moment of
Question) filing of the complaint and the payment of the prescribed
docket fees. (2008 Bar Question)
Substantive Law v. Remedial Law
Substantive Law Remedial Law Jurisdiction over the defendant is acquired either:
Part of the law which Refers to the legislation 1. By his voluntary appearance in court and his
creates, defines or regulates providing means or methods submission to its authority;
rights concerning life, liberty whereby causes of action 2. By his service of summons; or
or property or the powers of may be effectuated, wrongs 3. Other coercive process upon him.
agencies or instrumentalities redressed and relief obtained
for the administration of (a.k.a. Adjective Law). Jurisdiction Over the Subject Matter
public affairs. Jurisdiction over the subject matter is the power or authority
Creates vested rights Does not create vested rights to hear and determine cases to which the proceeding in
Prospective in application. Retroactive in application question belongs.
Cannot be enacted by the The Supreme Court is
Supreme Court. expressly empowered to Error of Jurisdiction v. Error of Judgment
promulgate procedural rules. Error or Jurisdiction Error of Judgment
(2006 Bar Question) One where the court, officer One that the court may
or quasi-judicial body acts commit in the exercise of
Doctrine of Hierarchy of Courts without or in excess of jurisdiction; it includes errors
A higher court will not entertain direct resort to it unless the jurisdiction, or with grave of procedure or mistakes in
redress desired cannot be obtained in the appropriate courts. abuse of discretion the court’s findings
The Supreme Court is a court of last resort and must so Renders a judgment void or Does not make the court’s
remain if it is to satisfactorily perform assigned to it. (1996 at least voidable decision void
Bar Question) Correctible by certiorari Correctible by appeal
There is an exercise of The court acted with
Harmless Error Rule jurisdiction in the absence of jurisdiction but committed
The harmless error rule in relation to appeals provides that jurisdiction procedural errors in the
the appellate court should not reverse a judgment as a result appreciation of the facts or
of any error or defect which does not affect the substantial the law (1989 Bar Question)
rights of the parties.
Doctrine of Primary Jurisdiction
Doctrine of non-interference or doctrine of judicial stability Courts will not resolve a controversy involving a question
GR: No court has the authority to interfere by injunction with which is within the jurisdiction of an administrative tribunal,
the judgment of another court of co-equal and coordinate especially where the question demands the exercise of sound
jurisdiction or to pass upon or scrutinize and much less administrative discretion requiring the special knowledge and
declare as unjust a judgment of another court. experience of said tribunal in determining technical and
intricate matters of fact.
Ẍ: The doctrine does not apply where a third party claimant is
involved. Exhaustion of Administrative Remedies
Before a party may be allowed to invoke the jurisdiction of
Question of Law v. Question of Fact the courts, he is expected to have exhausted all means of
Question of law is when the doubt or difference arises as to administrative redress.
what the law is on a certain set of facts, while a question of
fact is when the doubt or difference arises as to the truth or Ẍ:
falsehood of alleged facts. (2004 Bar Question) 1. Question raised is purely legal;
2. When the administrative body is in estoppels;
3. When the act complained of is patently illegal;
4. When there is need for judicial intervention;
 TERMS & PRINCIPLES 2
CIVIL PROCEDURE

5. When the respondent acted in disregard of due Jurisdiction by Estoppel

process; The active participation of a party in a case is tantamount to
6. When the respondent is the alter-ego of the recognition of that court’s jurisdiction and will bar a party
President, bear the implied or assumed approval of from impugning the court’s jurisdiction. This only applies to
the latter; exceptional circumstances.
7. When irreparable damage will be suffered;
8. When there is no other plain, speedy and adequate Totality/Aggregate Rule
remedy; Where there are several claims or causes of actions between
9. When strong public interest is involved; and the same or different parties embodied in one complaint, the
10. In quo warranto proceedings amount of the demand shall be the totality of the claims in all
causes of action irrespective of whether the causes of action
Note: The failure to exhaust administrative remedies will not arose out of the same or different transaction (Rule 2, Sec.5
affect the jurisdiction of the court because the issue is not [d]).
jurisdictional. But the case will be dismissed on the ground of
lack of cause of action. It only renders the action premature. Jurisdiction Over the Issues
It is the power of the court to try and decide issues raised in
Doctrine of Ancillary Jurisdiction the pleadings of the parties or by their agreement in a pre-
It involves the inherent or implied powers of the court to trial order or those tried by the implied consent of the
determine issues incidental to the exercise of its primary parties. It may also be conferred by waiver or failure to object
jurisdiction. to the presentation of evidence on a matter not raised in the
pleadings.
Doctrine of Adherence to Jurisdiction/Doctrine of Continuity
of Jurisdiction Jurisdiction Over the Res
GR: Jurisdiction, once attached, cannot be ousted by Refers to the court’s jurisdiction over the thing or the
subsequent happenings or events although of a character property which is the subject of the litigation.
which would have prevented jurisdiction from attaching in
the first instance, and the court retains jurisdiction until it Acquired either by:
finally disposes of the case. 1. actual or constructive seizure by the court of the
Ẍ: thing in question, thus placing it in custodia legis
1. Where a subsequent statute expressly prohibits the (e.g. attachment or garnishment); or
continued exercise of jurisdiction; 2. by provision of law which recognizes in the court the
2. Where the law penalizing an act which is punishable power to deal with the property or subject-matter
is repealed by a subsequent law; within its territorial jurisdiction (e.g. land
3. When accused is deprived of his constitutional right registration)
such as where the court fails to provide counsel for
the accused who is unable to obtain one and does
ACTIONS
not intelligently waive his constitutional right;
4. Where the statute expressly provides, or is
Real Actions v. Personal Actions v. Mixed Actions
construed to the effect that it is intended to operate
as to actions pending before its enactment; Real Action Personal Action Mixed Action
5. When the proceedings in the court acquiring Ownership or Personal property Both real and
jurisdiction is terminated, abandoned or declared possession of real is sought to be personal
void; property is recovered or properties are
6. Once appeal has been perfected; involved damages for involved
7. 7. Curative statute breach of contract
or the
Effect of lack of jurisdiction over the subject matter enforcement of a
contract are
When it appears from the pleadings or evidence on record
sought
that the court has no jurisdiction over the subject matter, the
court shall dismiss the same. (Sec. 1, Rule 9). The court may Filed in the court Filed in the court The rules on
on its own initiative object to an erroneous jurisdiction and where the where the plaintiff venue of real
may ex mero motu take cognizance of lack of jurisdiction at property (or any or any of the actions govern
any point in the case and has a clearly recognized right to portion thereof) is defendants
determine its own jurisdiction. situated resides, at the
plaintiff’s option
 TERMS & PRINCIPLES 3
CIVIL PROCEDURE

Local Action v. Transitory Action

Local Action Transitory Action
Must be brought in a Dependent on the place
particular place where the where the party resides
subject property is located, regardless of where the
unless there is an cause of action arose.
agreement to the contrary. Subject to Sec. 4, Rule 4

Action in rem v. Action in personam v. Action quasi in rem

Action in rem Action in personam Action quasi in rem
Nature
A proceeding to determine the An action to impose responsibility or A proceeding to subject the property of
state/condition of a thing liability upon a person directly the named defendant or his interests
therein to the obligation or lien
burdening the property.
Scope
Directed against the thing itself Directed against particular persons Directed against particular persons
Directed against the whole world
Jurisdiction
Jurisdiction over the person of the Jurisdiction over the person of the Jurisdiction over the person of the
defendant is not required. defendant is required defendant is not required as long as
Jusrisdiction over the res is required jurisdiction over the res is acquire
through publication in a newspaper of
general circulation
Effect of Judgment
Judgment is binding upon the whole Judgment is binding only upon parties Judgment will be binding only upon the
world. impleaded or their successors-in-interest litigants, privies, successor in interest but
the judgment shall be executed against a
particular property. The RES involve will
answer the judgment.
Examples
1. Probate proceeding 1. Action for specific performance 1. Action for partition
2. Cadastral proceeding 2. Action for breach of contract 2. Action to foreclose real estate
3. Land registration proceeding 3. Action for ejectment mortgage attachment
4. Action for a sum of money; for damage

CAUSE OF ACTION

Cause of Action Right of Action

Definition
It is the act or omission by Remedial right or right to
which a party violates the relief granted by law to a
rights of another ( Sec. 2, party to institute an action
Rule 2 against a person who has
committed a delict or
wrong against him
Basis
Based on the allegations Basis is the plaintiff’s
of the plaintiff in the cause of action
complaint
 TERMS & PRINCIPLES 4
CIVIL PROCEDURE

Failure to state cause of Lack of cause of action PARTIES TO CIVIL ACTIONS

action Real parties in interest
Definition The party who stands to be benefited or injured by the
Insufficiency in the Failure to prove or establish judgment in the suit, or the party entitled to the avails of the
allegations of the complaint by evidence one’s stated suit Sec 2, Rule 3)
cause of action
As ground for dismissal Indispensable Parties v. Necessary Parties
Raised in a motion to dismiss Raised in demurrer to Indispensable Parties Necessary Parties
under Rule 16 before a evidence under Rule 33 after Must be joined under any Should be joined whenever
responsive pleading is filed the plaintiff has rested his and all conditions because possible, the action can
case the court cannot proceed proceed even in their
Determination without him absence because his interest
Determined only from the Resolved on the basis of the is separable from that of
allegations of the pleading evidence he has presented in indispensable party
and not from evidentiary support of his claim No valid judgment if they are The case may be determined
matters not joined in court but the judgment
therein will not resolve the
Elements of a cause of action (1997 Bar Question) entire controversy if a
(a) Plaintiff’s legal right; necessary party is not joined
(b) Defendant’s correlative obligation to respect plaintiff’s
right; Indigent Party/Indigency Test
(c) Defendant’s act/omission in violation of plaintiff’s right Indigent litigants (a) whose gross income and that of their
immediate family do not exceed an amount double the
Test of Sufficiency of a Cause of Action monthly minimum wage of an employee; and (b) who do not
Whether or not admitting the facts alleged, the court could own real property with a fair market value as stated in the
render a valid verdict in accordance with the prayer of the current tax declaration of more than three hundred thousand
complaint. (P300,000.00) pesos shall be exempt from payment of legal
fees. (Sec. 19, Rule 141).
Splitting a Cause of Action
It is the act of dividing a single or indivisible cause of action Pro forma Party
into several parts or claims and bringing several actions One who is joined as a plaintiff or defendant, not because
thereon. It is a ground for the dismissal of others. The rule such party has any real interest in the subject matter or
against splitting a cause of actions aims to avoid multiplicity because any relief is demanded, but merely because the
of suits, conflicting decisions and unnecessary vexation and technical rules of pleadings require the presence of such
harassment of defendants. It applies not only to complaints party on the record.
but also to counterclaims and cross-claims. (1999 Bar
Questions) Compulsory/Mandatory and Permissive Joinder of Parties

Rule on Joinder of Causes of Action Compulsory/Mandatory Joinder of Parties

The rule on joinder of causes of action is that a party may in Parties in interest without whom no final determination can
one pleading, assert in the alternative or otherwise, as many be had of an action shall be joined either as plaintiffs or
causes of actions as he may have against an opposing party, defendants Sec 7, Rule 3)
provided that the rule on joinder of parties is complied with;
the joinder shall not include special civil actions or actions by Permissive Joinder of Parties
special rules, but may include causes of action pertaining to
Parties can be joined, as plaintiffs or defendants, in one single
different venues or jurisdictions provided one cause of action
complaint or may themselves maintain or be sued in separate
falls within the jurisdiction of a RTC and venue lies therein;
suits (Sec 6, Rule 3)
and the aggregate amount claimed shall be the test of
jurisdiction where the claims in all the causes of action are
Requisites:
principally for the recovery of money. (Sec 5, Rule 2)
1. Right to relief arises out of the same transaction or
series of transactions (connected with the same
subject matter of the suit);
2. There is a question of law or fact common to all the
plaintiffs or defendants; and
 TERMS & PRINCIPLES 5
CIVIL PROCEDURE

3. Joinder is not otherwise provided by the provisions VENUE

of the Rules on jurisdiction and venue (Sec. 6, Rule Venue v. Jurisdiction (2006 Bar Question)
3). Jurisdiction is the power of the Court to decide a case on the
merits, while venue refers to the place where the suit may be
Class Suit filed. In criminal actions, however, venue is jurisdictional.
It is an action where one or some of the parties may sue for Jurisdiction may not be conferred upon a court by consent
the benefit of all if the requisites for said action are complied through waiver, but venue may be waived except in criminal
with. cases.
Requisites:
1. Subject matter of the controversy is one of common Effect on Stipulation on Venue
or general interest to many persons; The parties may agree on a specific venue which could be in a
2. Parties affected are so numerous that it is place where neither of them resides (Universal Robina Corp.
impracticable to bring them all before the court; vs. Lim, 535 SCRA 95). The parties may stipulate on the venue
3. Parties bringing the class suit are sufficiently as long as the agreement is in writing, made before the filing
numerous or representative of the class and can fully of the action, and exclusive. (Sec.4[b], Rule 4)
protect the interests of all concerned (Sec. 12 Rule
3); and
4. Representatives sue or defend for the benefit of all PLEADINGS
(Sec.12, Rule 3)
Complaint
Derivative Suit v. Class Suit (2005 Bar Question) The pleading alleging the plaintiff’s cause/s of action. It
A derivative suit is a suit in equity that is filed by a minority should contain a concise statement of the ultimate facts
shareholder in behalf of a corporation to redress wrongs constituting the plaintiff’s cause/s of action, not evidentiary
committed against it, for which the directors refuse to sue, facts or legal conclusions. [Rule 6, Sec. 3]
the real party in interest being the corporation itself. A class
suit is filed in behalf of many persons so numerous that it is Test of sufficiency of the facts alleged in the complaint
impracticable to join all as parties (Sec. 12, Rule 3). Whether or not upon the averment of facts, a valid judgment
may be properly rendered
Death of Party Litigant
Effect of Death on Party Litigant (1999 Bar Question) Answer
1. Purely personal – the death of either of the parties The pleading where the defendant sets forth his
affirmative/negative defenses. It may also be the response to
extinguishes the claim and the action is dismissed.
a counterclaim or a cross-claim (Rule 6, Sec 4)
2. Not purely personal – claim is not extinguished and
the party should be substituted by his heirs, Kinds of Defenses in an Answer
executor or administrator. In case of minor heirs, the 1) Negative Defenses– Specific denials of the material
court may appoint a guardian ad litem for them. facts alleged in the pleading of the claimant essential
3. Action for recovery of money arising from contract to his cause of action.
and the defendant dies before entry of final
Negative Pregnant - Denial pregnant with an
judgment – it shall not be dismissed but instead shall
admission. It is a denial pregnant with the admission
be allowed to continue until entry of judgment. A of the substantial facts in the pleading responded to
favorable judgment obtained by the plaintiff shall be which are not squarely denied. It is in effect an
enforced in the manner provided in the rules for admission of the averment it is directed to.
prosecuting claims against the estate of a deceased
person. (Sec. 20, Rule 3) 2) Affirmative Defenses – Allegations of new matters
which, while hypothetically admitting the material
Substitution of Parties (1999 Bar Question) allegations in the claimant’s pleading, would
Death of a party, where the claim is not extinguished by the nevertheless prevent/bar recovery by him. It
death of the party (e.g. cases involving property and property includes fraud, prescription, release, payment and
rights. any other matter by way of confession and
avoidance.

Counterclaims
 TERMS & PRINCIPLES 6
CIVIL PROCEDURE

Any claim which a defending party may have against an opposing party not a party to the
opposing party. action
(a) A counterclaim is in the nature of a cross-complaint. Must arise out of May arise out of Must be in
Although it may be alleged in the answer, it is not the transaction that or be necessarily respect of the
part of the answer. is the subject connected with opponent’s
(b) Upon its filing, the same proceedings are had as in matter of the the transaction or (plaintiff’s) claim
the original complaint. original action or of the subject
(c) For this reason, it must be answered 10 days from a counterclaim matter of the
service [Rule 11, Sec 4] (2000 Bar Question) therein opposing party’s
claim
Compulsory Counterclaim (compulsory
Requisites: counterclaim), or
(a) It must arise out of, or be necessarily connected it may not
with, the transaction/occurrence that is the subject (permissive
matter of the opposing party's claim; counterclaim)
(b) It does not require for its adjudication the presence
of 3rd parties of whom the court cannot acquire Reply
jurisdiction; Effect of Failure to Reply (2000 Bar Question)
(c) It must be within the court’s jurisdiction both as to
GR: Filing a reply is merely optional. New facts that were
the amount and the nature.
alleged in the answer are deemed controverted should a
(1998 Bar Question)
party fail to reply thereto.

Cross-claims Ẍ: Reply is required:

Requirements: a) Where the answer is based on an actionable
1. A claim by one party against a co-party; document. [Rule 8, Sec. 8]
2. It must arise out of the subject matter of the complaint b) Where the answer alleges the defense of usury.
or of the counterclaim; and [Rule 8, Sec. 11]
3. The cross-claimant is prejudiced by the claim against him
by the opposing party. (Sec. 8, Rule 6) Parts of a Pleading
Forum Shopping (2006 Bar Question)
Third (fourth, etc.) Party Complaint
Forum-shopping is the act of filing multiple suits involving the
It is a claim that a defending party may, with leave of court, same parties for the same cause of action, either
file against a person not a party to the action for contribution, simultaneously or successively, for the purpose of obtaining a
indemnity, subrogation or any other relief, in respect of his favorable judgment
opponent's claim
Test to determine whether there is forum shopping (2002
Tests to determine whether the third-party complaint is in Bar Question)
respect of plaintiff’s claim
WON in the 2 or more cases pending, there is identity of:
1. Whether it arises out of the same transaction on which (a) Parties;
the plaintiff’s claim is based, or, although arising out of (b) Rights or causes of action;
another or different transaction, is connected with the (c) Relief sought.
plaintiff’s claim;
2. Whether the third-party defendant would be liable to the Effect of Willful and Deliberate Forum Shopping (2006, 2007
plaintiff or to the defendant for all or part of the Bar Question)
plaintiff’s claim against the original defendant; and
1. Ground for summary dismissal of the case with
3. Whether the third-party defendant may assert any
prejudice;
defenses which the third-party plaintiff has or may have
2. Direct contempt and administrative sanctions.
to the plaintiff’s claim.
(a) Pleadings as well as remedial laws should be
liberally construed
(b) in order that the litigant may have ample
Cross-claim v. Counterclaim v. Third Party Complaint (1997,
opportunity to prove their respective claims,
1999 Bar Question)
and possible denial of substantial justice, due to
Cross-claim Counterclaim Third Party technicalities, may be avoided
Complaint
Against a co-party Against an Against a person Allegations in a Pleading
 TERMS & PRINCIPLES 7
CIVIL PROCEDURE

Kinds of Denial (2004 Bar Question) (b) Amendment of pleadings as may be necessary to cause
(a) Specific denial – Specifies each material allegation of them to conform to the evidence and to raise these
fact the truth of which he does not admit, and sets issues, may be made upon motion of any party, any time
forth the substance of the matters upon which he (even after judgment). But failure to amend does not
relies to support his denial. [Rule 8, Sec. 10] affect the result of the trial of these issues.
(b) Denial with qualification - Specifies so much of it as
is true and material, and deny the remainder. (c) If evidence is objected to at the trial on the ground that it
(c) Specific denial for lack of knowledge/information is not within the issues made by the pleadings, the court
sufficient to form as belief as to the truth of a may allow the pleadings to be amended and shall do so
material averment made in the complaint. with liberality if the presentation of the merits of the
(d) Specific denial under oath - Contests the action and the ends of substantial justice will be
authenticity or due execution of an actionable subserved thereby. The court may grant a continuance to
document. [Rule 8, Sec. 8] enable the amendment to be made.

Effect of Failure to Plead Amendments v. Supplemental Pleadings (2000 Bar

Declaration of a Party in Default (2000, 2001 Bar Question) Question)
A party may be declared in default when he fails to answer Amendments Supplemental Pleadings
within the time allowed therefor and upon motion of the Reason for the amendment is Grounds for the
claiming party with notice to the defending party, and proof available at time of the 1st supplemental pleading arose
of such failure (Sec. 3, Rule 9). pleading. after the 1st pleading was
filed
Effect of Order of Default (1999 Bar Question) Either as a matter of right or Always a matter of discretion
The effect of an Order of Default is that the court may a matter of discretion
proceed to render judgment granting the claimant such relief Supersedes the pleading Supplements the pleading
as his pleading may warrant unless the court in its discretion (i.e. Exists side by side with
requires the claimant to submit evidence. The party in the original pleading)
default cannot take part in the trial but shall be entitled to When an amended pleading A supplemental pleading
notice of subsequent proceedings (Sec. 3[a], Rule 9). is filed, a new copy of the does not require the filing of
entire pleading must be filed a new copy of the entire
Amendment pleading
Amendment as a matter of right (2003 Bar Question)
Substantial Amendments – once, made at any time before a
responsive pleading is served. If it is a reply, once, made at INTERVENTION
any time within 10 days after it is served. [Rule 10, Sec. 2] A legal remedy whereby a person is permitted to become a
party in a case, by either:
Amendments by leave of court 1. Joining the plaintiff;
2. Joining the defendant;
Substantial Amendments - If as a matter of discretion,
requires leave of court if: 3. Asserting his right against both plaintiff and defendant,
considering that either:
(a) It is substantial; and
1. He has a legal interest in the subject matter of the
(b) A responsive pleading has already been served. [Rule
action;
10, Sec. 3]
2. He has legal interest in the success of either of the
parties
Requisites for amendments by leave of court
3. He has legal interest against both of the parties
(a) Motion filed in court;
(b) Notice to the adverse party; 4. He is going to be adversely affected by the
disposition of the property in the custody of the
(c) Opportunity to be heard afforded to the adverse party.
court (2003 Bar Question)
Amendments to conform to or authorize presentation of
Requisites for an intervention by a non-party in an action
evidence (2004 Bar Question)
pending in court (2000 Bar Question)
(a) If issues not raised by the pleadings are tried with the
express/implied consent of the parties, they shall be a) Legal interest in the matter in controversy; or
b) Legal interest In the success of either of the parties;
treated in all respects as if they had been raised in the
or
pleadings.
c) Legal interest against both; or
 TERMS & PRINCIPLES 8
CIVIL PROCEDURE

d) So situated as to be adversely affected by a For purposes of appeal, MR is MR is a CONDITION

distribution or other disposition of property in the not required PRECEDENT subject only to
custody of the court or of an officer thereof. certain exceptions.
e) Intervention will not unduly delay or prejudice the Exercise of Jurisdiction
adjudication of the rights of original parties; The Appellate Court Higher Court exercises
f) Intervenor’s rights may not be fully protected In a exercises its appellate original jurisdiction under its
separate proceeding. jurisdiction and power of power of control and
review supervision over the
SUBPOENA proceedings of lower courts.
Subpoena duces tecum (1997 Bar Question)
Process directed to a person, requiring him to bring with him Interlocutory Order (2006 Bar Question)
any books/documents/things under his control. An interlocutory order is an order which decides some point
or matter between the commencement and end of the suit
Subpoena ad testificandum but it is not the final decision on the whole controversy. It
Process directed to a person, requiring him to attend and to leaves something to be done by the court before the case is
testify at the hearing/trial of an action or at any investigation finally decided on the merits.
conducted by competent authority, or for the taking of his
deposition. Modes of Appeal (2002 Bar Question)
The modes of appeal to the Supreme Court are:
POST-JUDGEMNT REMEDIES 1. appeal by certiorari on pure questions of law under
Rule 45 v. Rule 65 (1999, 2008 Bar Question) Rule 45 through a petition for review on certiorari;
Rule 45 Rule 65 and
Issue Raised 2. ordinary appeal in criminal cases through a notice of
Questions of Law Grave abuse of discretion appeal from convictions imposing reclusion perpetua
amounting to lack or excess or life imprisonment or where a lesser penalty is
of jurisdiction involved but for offenses committed on the same
Against What Court Action Directed occasion or which arose out of the same occurrence
Review of the judgment, Directed Against an that gave rise to the more serious offense (Sec. 3,
award or final order on the Interlocutory Order of the Rule 122). Convictions imposing the death penalty
merit court prior to appeal from are elevated through automatic review.
the judgment, or where
there is no appeal or any Distinguish the two (2) modes of appeal from the judgment
other plain speedy and of the Regional Trial Court to the Court of Appeals (2009
adequate remedy Bar)
Reglementary Period In cases decided by the Regional Trial Courts in the exercise
Must be filed within the Not later than 60 days from of their original jurisdiction, appeals to the Court of Appeals
reglementary period for notice of the judgment, order shall be ordinary appeal by filing written notice of appeal
appeal. or resolution sought to be indicating the parties to the appeal; specifying the
assailed judgment/final order or part thereof appealed from;
Effect on the Proceedings Below specifying the court to which the appeal is being taken; and
Judgment, award or order No effect (i.e., proceedings stating the material dates showing the timeliness of the
appealed from is stayed by below continue) unless a writ appeal. The notice of appeal shall be filed with the RTC which
the Appeal of preliminary injunction or a rendered the judgment appealed from and copy thereof shall
temporary restraining order be served upon the adverse party within 15 days from notice
has been issued of judgment or final order appealed from. But if the case
Parties Involved admits of multiple appeals or is a special proceeding, a record
Original Parties to the action The parties are the aggrieved on appeal is required aside from the written notice of appeal
remain the same during party against the lower to perfect the appeal, in which case the period for appeal and
appeal (albeit with the court/Quasijudicial agency notice upon the adverse party is not only 15 days but 30 days
corresponding appellation of and the prevailing parties, from notice of judgment or final order appealed from. The
appellant and appellee), the who thereby respectively full amount of the appellate court docket fee and other lawful
lower court or quasi-judicial become the petitioner and fees required must also be paid within the period for taking
agency is not to be the respondents. an appeal, to the clerk of the court which rendered the
impleaded. judgment or final order appealed from (Secs. 4 and 5, Rule
Requirement of Motion for Reconsideration
 TERMS & PRINCIPLES 9
CIVIL PROCEDURE

41). The periods of 15 or 30 days above-stated are non-

extendible.

In cases decided by the Regional Trial Court in the exercise of

its appellate jurisdiction, appeal to the Court of Appeals shall
be by filing a verified petition for review with the Court of
Appeals and furnishing the RTC and the adverse party with
copy thereof, within 15 days from notice of judgment or final
order appealed from. Within the same period for appeal, the
docket fee and other lawful fees required with the deposit for
cost should be paid. The 15-day period maybe extended for
15 days and another 15 days for compelling reasons.

Collateral Attack of Judgments

Remedies from a Void Judgment (2004 Bar Question)
What is a void judgment?
A void judgment is no judgment at all. It cannot be the source
of any right nor the creator of any obligation. All acts
performed pursuant to it and all claims emanating from it
have no legal effect. Hence, it can never become final and any
writ of execution based on it is void.

How do you attack a void judgment?

It may be assailed anytime, collaterally or in a direct action or
by resisting such judgment or final order in any action or
proceeding whenever it is invoked, unless barred by laches.

What are your remedies?

If the reglementary period for appeal has not yet lapsed,
some remedies are New Trial and Reconsideration. Appeal,
Petition for Relief, and Other Appropriate Remedies such as
Certiorari may also be used.

If the appropriate remedies are no longer available without

the fault of the petitioner, the equitable and extraordinary
remedy of Petition for Annulment of Judgment may be
resorted to.

When all else fails, there is jurisprudence to the effect that a

patently void judgment may be dealt with by a Main Action
for Injunction.