Category Archives: Civil Procedures

Jurisdiction over any case is acquired only upon the payment of the prescribed docket fee which is both mandatory and jurisdictional.

          Jurisdiction is defined as the authority to hear and determine a cause or the right to act in a case.[37]  In addition to being conferred by the Constitution and the law,[38] the rule is settled that a court’s jurisdiction … Continue reading

Posted in Civil Procedures, Jurisdiction, Remedial Law | Tagged | Leave a comment

Compulsory joinder of indispensable parties

Whether Senator Madrigal, who filed the complaint against Senator Villar, is an indispensable party in this petition? … Section 7, Rule 3 of the 1997 Rules of Civil Procedure provides: SEC. 7 – Compulsory joinder of indispensable parties. – Parties … Continue reading

Posted in Civil Procedures, Senate | Tagged | Leave a comment

Whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases?

The core issue boils down to whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases. The Court’s Ruling We find merit in the petition. The right to appeal is not a constitutional, natural or inherent … Continue reading

Posted in Appeal, Civil Procedures, Criminal Procedures, Remedial Law | Tagged | Leave a comment

Appeal can be dismissed on the ground that their Appellants’ Brief failed to comply with Section 13, Rule 44 of the 1997 Rules of Civil Procedure as the said brief did not have a subject index, an assignment of errors, and page references to the record in the Statement of Facts.

The main issue is whether or not the Court of Appeals erred in dismissing petitioners’ appeal on the ground that their Appellants’ Brief failed to comply with Section 13, Rule 44 of the 1997 Rules of Civil Procedure as the … Continue reading

Posted in Appeal, Civil Procedures | Tagged | Leave a comment

The two causes of action, one to compel recognition and the other to claim inheritance, may be joined in one complaint

Preliminaries aside, we now tackle the main issues. Petitioner refuses to recognize Martin as his own child and denies the genuineness and authenticity of the child’s birth certificate which he purportedly signed as the father. He also claims that the … Continue reading

Posted in Civil Law, Civil Procedures, Complaint/Information, Family Code | Tagged , | Leave a comment

Appearance of parties and their counsel at the pre-trial conference, along with the filing of a corresponding pre-trial brief, is mandatory, nay, their duty

Rule 18 of the Rules of Court leaves no room for equivocation; appearance of parties and their counsel at the pre-trial conference, along with the filing of a corresponding pre-trial brief, is mandatory, nay, their duty. Thus, Section 4 and … Continue reading

Posted in Civil Procedures, Pre-Trial, Pre-trial Conference | Tagged | Leave a comment

When the court may modify or alter a judgment even after the same has become final and executory?

A basic tenet in our rules of procedure is that an award that is final and executory cannot be amended or modified anymore.  Nothing is more settled in law than that once a judgment attains finality it thereby becomes immutable … Continue reading

Posted in Civil Procedures, Judgment, Labor Law, Remedial Law, Writ of Execution | Tagged | Leave a comment