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CIVIL PROCEDURE

BAR OPS JULY 2008

CIVIL PROCEDURE
MAJOR SOURCES: 1987 CONSITUTION BP 129, AS AMENDED REORGANIZATION ACT RA 7691 EXPANDING MTC JURISDICTION RA 7902 AND RA 8246 CA JURISDICTION RA 9282 CTA JURISDICTION RA 8239 SANDIGANBAYAN JURISDICTION RA 8369 FAMILY COURTS ACT OF 1997 RA 9285 ADR LAW RA 7760 Local Government Code (Secs. 399422) Other special laws
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CIVIL PROCEDURE
MAJOR SOURCES:
JURISPRUDENCE RULES OF COURT  RULE 1 GENERAL PROVISIONS  PART I CIVIL ACTIONS RULES 2 TO 39 ORDINARY CIVIL ACTION RULES 40 TO 56 APPEALS/PROCEDURE BEFORE CA, SC RULES 57 TO 61 PROVISIONAL REMEDIES RULES 62 TO 71 SPECIAL CIVIL ACTIONS SC Circulars/Adm Matters Internal Rules of the CA
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CIVIL PROCEDURE
MAJOR SOURCES:
THE REVISED RULES ON SUMMARY PROCEDURE AMENDED BY A.M. NO. 02-11 INTERIM RULES OF PROCEDURE ON CORPORATE REHABILITATION INTERIM RULES OF PROCEDURE GOVERNING INTRACORPORATE CONTROVERSIES RULES ON ELECTRONIC EVIDENCE AS AMENDED BY A.M. NO. 01-7-01-SC RULES INVOLVING PERSONS AND FAMILY LAW:  CHILD WITNESS EXAMINATION  ADOPTION  DECLARATION OF NULLITY AND ANNULMENT  LEGAL SEPARATION  CUSTODY OF MINORS AND HABEAS CORPUS IN RELATION THERETO  PROVISIONAL ORDERS

JURISDICTION
POWER OF JUDICIAL REVIEW
ACTUAL CASE RIPE FOR ADJUDICATION STANDING

DOCTRINE OF PRIMARY JURISDICTION PRINCIPLE OF HIERARCHY OF COURTS DOCTRINE OF JUDICIAL STABILITY RULE ON EQUITY JURISDICTION RULE ON ADHERENCE OF JURISDICTION
NON-PAYMENT OF FILING FEES RETROACTIVE APPLICATION
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JURISDICTION
JURISDICTION
DEFINITION: POWER AND AUTHORITY OF A COURT TO HEAR, TRY AND DECIDE A CASE HOW ACQUIRED: FILING OF THE COMPLAINT KINDS:
 SUBJECT MATTER

DETERMINED BY THE ALLEGATIONS OF THE COMPLAINT AND THE LAW AT THE TIME OF COMMENCEMENT OF THE ACTION VOLUNTARY APPEARANCE OR PROPER SERVICE OF SUMMONS
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 PERSON

JURISDICTION
EXCLUSIVE VS. CONCURRENT ORIGINAL VS. APPELLATE JURISDICTION VS. VENUE ERRORS OF JUDGMENT (IN THE EXERCISE OF JURISDICTION) VS. ERRORS OF JURISDICTION (WANT OF JURISDICTION) JURISDICTION BY ESTOPPEL

JURISDICTION
SUPREME COURT
ORIGINAL JURISDICTION OVER
 CASES AFFECTING AMBASSADORS, OTHER PUBLIC MINISTERS AND

CONSULS, OTHER PETITIONS FOR CERTIORARI, PROHIBITION, MANDAMUS, QUO WARRANTO AND HABEAS CORPUS

REVIEW, REVISE, REVERSE, MODIFY OR AFFIRM ON APPEAL OR CERITORARI FINAL JUDGMENTS OR ORDERS OF LOWER COURTS INVOLVING:
 CONSTITUTIONALITY OF A TREATY, INTERNATIONAL OR

EXECUTIVE AGREEMENT OR LAW, ORDINANCE  LEGALITY OF ANY TAX, IMPOST, ASSESSSMENT OR TOLL OR ANY PENALTY  JURISDICTION OF ANY LOWER COURT  CRIMINAL CASES IN WHICH PENALY IS RECLUSION PERPETUA OR HIGHER  ONLY ERROR OR QUESTION OF LAW INVOLVED
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JURISDICTION
COURT OF APPEALS
ISSUE WRITS OF MANDAMUS, PROHIBITION, CERTIORARI, HABEAS CORPUS AND QUO WARRANTO, WHETHER OR NOT IN AID OF ITS APPELLATE JURISDICTION ACTIONS TO ANNUL RTC JUDGMENT EXCLUSIVE APPELLATE JURISDICTION OVER FINAL JUDGMENTS, ORDERS OF THE RTC AND QUASI JUDICIAL AGENCIES (WITH EXCEPTIONS)
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JURISDICTION
RTC
 INCAPABLE OF PECUNIARY ESTIMATION  CIVIL ACTIONS AND PROBATE, ABOVE THRESHOLD

AMOUNTS  REAL ACTION ASSESSED VALUE ABOVE THRESHOLD AMOUNTS  ADMIRALTY MARITIME ABOVE THRESHOLD AMOUNTS  ALL OTHER CASES IN WHICH DEMAND IS ABOVE THRESHOLD AMOUNTS  DEFAULT JURISDICTION  APPELLATE JURISDICTION OVER MTC

SPECIAL COURTS
FAMILY COURTS COMMERCIAL COURTS
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JURISDICTION
EXAMPLES OF ACTIONS INCAPABLE OF PECUNIARY ESTIMATION THUS UNDER RTC JURISDICTION:
INTERPLEADER ANNULMENT OF MTC JUDGMENT SPECIFIC PERFORMANCE/RESCISSION DECLARATION OF NULLITY OF DOCUMENT EXPROPRIATION
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JURISDICTION
MTC
CIVIL ACTIONS AND PROBATE WHERE PERSONAL PROPERTY/ESTATE DOES NOT EXCEED THRESHOLD AMOUNTS FORCIBLE ENTRY AND UNLAWFUL DETAINER REAL ACTION WHERE ASSESSED VALUE DOES NOT EXCEED THRESHOLD AMOUNTS
 THRESHOLD AMOUNTS ARE COMPUTED EXCLUSIVE OF

INTEREST,, ATTORNEY S FEES, LITIGATION EXPENSES AND COSTDAMAGES OF WHATEVER KIND  EXCLUSION OF DAMAGES OF WHATEVER KIND APPLIES TO WHERE DAMAGES ARE MERELY INCIDENTAL TO OR A CONSEQUENCE OF THE MAIN CAUSE OF ACTION. WHERE THE CLAIM FOR DAMAGES IS THE MAIN CAUSE OF ACTION OR ONE OF THE CAUSES OF ACTION, THE AMOUNT OF SUCH 12 CLAIM SHALL BE CONSIDERED

KINDS OF ACTIONS
AS TO BASIS (RELATES TO VENUE)
REAL ACTION AFFECTS TITLE TO OR SEEKS RECOVERY OF POSSESSION OF REAL PROPERTY OR INTEREST THEREIN (PARTITION, CONDEMNATION, FORECLOSURE OF REM) PERSONAL ACTION SEEKS RECOVERY OF PERSONAL PROPERTY, AND ALL OTHER ACTIONS (ENFORCEMENT OR RESCISSION OF CONTRACT, RECOVERY OF DAMAGES)
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KINDS OF ACTIONS
OTHER KINDS OF REAL ACTIONS
ACCION INTERDICTAL RECOVERY OF POSSESSION DE FACTO ACCION PUBLICIANA RECOVERY OF POSSESSION DE JURE ACCION REINVINDICATORIA RECOVERY OF OWNERSHIP ACCION HIPOTECARIA FORECLOSURE OF LIEN OR MORTGAGE ACCION NEGATORIA LANDOWNER S RIGHT TO DEFEND FREE DOMINION OF TENEMENT UNDER ROMAN LAW
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VENUE
REAL ACTIONS
WHERE PROPERTY OR PORTION SITUATED

PERSONAL ACTIONS
WHERE PLAINTIFF RESIDES OR WHERE DEFENDANT RESIDES OR IN CASE OF NONRESIDENT DEFENDANT WHERE HE MAY BE FOUND

NON-RESIDENT/NOT FOUND IN PHIL AND ACTION AFFECTS PERSONAL STATUS OF PLAINTIFF, OR ANY PROPERTY OF DEFENDANT IN PHIL
WHERE PLAINTIFF RESIDES OR WHERE PROPERTY OR PORTION SITUATED OR FOUND

RULE NOT APPLICABLE


EXCLUSIVE VENUE STIPULATION SPECIFIC LAW OR RULE APPLIES
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KINDS OF ACTIONS
AS TO OBJECT (RELATES TO SERVICE OF

SUMMONS) IN REM ACTION IS AGAINST ALL WHO MIGHT BE MINDED TO OBJECT AGAINST RIGHT TO BE ESTABLISHED; BINDS THE WHOLE WORLD OR AGAINST THE THING ITSELF QUASI IN REM ACTION IS AGAINST AN INDIVIDUAL BUT SUBJECTS HIS INTERST IN PROPERTY TO OBLIGATION; CONCLUSIVE ONLY BETWEEN THE PARTIES IN PERSONAM ACTION ESTABLISHES CLAIM AGAINST A PERSON ON BASIS OF PERSONAL 16 LIABILITY; BINDS HIM ONLY

KINDS OF ACTIONS
GOVERNED BY THE RULES OF COURT: ORDINARY CIVIL ACTION PARTY SUES ANOTHER FOR ENFORCEMENT OR PROTECTION OF A RIGHT, PREVENTION OR REDRESS OF WRONG SPECIAL CIVIL ACTION - CIVIL ACTION SUBJECT TO SPECIFIC RULES SPECIAL PROCEEDING REMEDY BY WHICH PARTY SEEKS TO ESTABLISH STATUS , RIGHT OR PARTICULAR FACT CRIMINAL ACTION PROSECUTION OF A PERSON FOR AN ACT OR OMISSION PUNISHABLE BY LAW
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CAUSE OF ACTION
DEFINITION ACT OR OMISSION BY WHICH A PARTY VIOLATES A RIGHT OF ANOTHER REQUISITES:
RIGHT IN FAVOR OF PLAINTIFF OBLIGATION ON PART OF DEFENDANT TO RESPECT OR NOT VIOLATE THAT RIGHT ACT OR OMISSION ON PART OF DEFENDANT VIOLATING PLAINTIFF S RIGHT
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CAUSE OF ACTION
SPLITTING A SINGLE CAUSE OF ACTION JOINDER OF CAUSES OF ACTION:
SHOULD COMPLY WITH JOINDER OF PARTIES SHALL NOT INCLUDE SPECIAL CIVIL ACTION OR ACTIONS GOVERNED BY SPECIAL RULES DIFFERENT VENUES OR JURISDICTIONS, RTC WHERE ONE CAUSE OF ACTION FALLS WITHIN ITS JURISDICTION AND VENUE LIES THEREIN WHERE CLAIMS FOR MONEY, AGGREGATE AMOUNT IS TEST OF JURISDICTION FILING OF ONE SUIT OR A JUDGMENT UPON THE MERITS IS A GROUND TO DISMISS OTHER SUITS BASED ON SAME CAUSE OF ACTION

MISJOINED CAUSE OF ACTION MAY NOT BE DISMISSED BUT BE SEVERED AND PROCEEDED 19 WITH SEPARATELY

PARTIES
NATURAL PERSON (INCLUDING A SOLE PROPRIETOR) JURIDICAL PERSON (DOMESTIC OR FOREIGN CORPORATION, PARTNERSHIP, THE STATE) ENTITIES AUTHORIZED BY LAW (LABOR ORGANIZATION; ENTITIES WITHOUT LEGAL PERSONALITY SUED AS DEFENDANTS)
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PARTIES
REAL PARTY IN INTEREST OR INJURED BY SUIT STANDS TO BENEFIT

INDISPENSABLE PARTY WITHOUT WHOM NO FINAL DETERMINATION NECESSARY PARTY COMPLETE RELIEF

JOINDER OF PARTIES
PERMISSIVE (right to relief arises out of same transaction or series of transactions; common question of law or fact) MISJOINDER (drop/amend/not dismiss) NON-JOINDER (necessary party; waiver of claim) COMPULSORY (indispensable party) ALTERNATIVE DEFENDANTS (plaintiff uncertain who are defendants)

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PARTIES
PERSONALITY/CAPACITY TO SUE
REPRESENTATIVE (principal or beneficiary) SPOUSE/MINOR (with other spouse/parent or guardian ad litem) CLASS SUIT (numerous, common interest, sufficient number and representative; see Rule 17, Sec. 2) UNKNOWN (identity or name) WITHOUT JURIDICAL PERSONALITY (may be sued under name) INDIGENT (exempt from filing fees) OSG (validity of law, treaty, etc) NEW PARTIES (Rule 6, Sec. 12)
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PARTIES
EVENT-RELATED
DEATH OF PARTY/DUTY OF COUNSEL (notify court and give name of legal representative) DEATH OR SEPARATION OF PUBLIC OFFICER (successor may be substituted) PARTY BECOMES INCOMPETENT OR INCAPACITATED (to be assisted by legal guardian or ad litem) TRANSFER PENDENTE LITE (notice of lis pendens) DEATH OF DEFENDANT BEFORE ENTRY (continue 23 to entry then file claim against the estate)

PLEADINGS
KINDS:
COMPLAINT ANSWER
 NEGATIVE DEFENSE  AFFIRMATIVE DEFENSE

COUNTERCLAIM
 COMPULSORY  PERMISSIVE

CROSS-CLAIM THIRD PARTY COMPLAINT REPLY

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PLEADINGS
PARTS
CAPTION BODY
 PARAGRAPHS  HEADINGS  RELIEF  DATE

SIGNATURE (of counsel means he has read the pleading, to the best of his knowledge, information and belief, good ground and not for delay) ADDRESS (not post office no.) VERIFICATION (based on personal knowledge or authentic records) CERTIFICATION AGAINST FORUM SHOPPING (for initiatory pleadings; absence may cause dismissal without prejudice or 25 constitute indirect contempt)

PLEADINGS
ALLEGATIONS
DENIALS
 GENERAL/SPECIFIC

FORM
 ULTIMATE FACTS (NOT EVIDENTIARY FACTS)  LAW SUPPORTING DEFENSE  GENERAL/PARTICULAR

MALICE, INTENT, KNOWLEDGE, CONDITION OF MIND FRAUD, MISTAKE


 JUDGMENT/OFFICIAL DOCUMENT/CAPACITY

ACTIONABLE DOCUMENT
 HOW TO ALLEGE

SUBSTANCE ALLEGED AND COPY ATTACHED ENTIRE DOCUMENT SET FORTH


 HOW TO DENY

UNDER OATH/EXCEPTIONS (NOT A PARTY; INSPECTION REFUSED)

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PLEADINGS
EFFECT OF FAILURE TO PLEAD

DEFENSES/OBJECTIONS
 COMPULSORY COUNTERCLAIM/CROSS-CLAIM NOT SET

UP BARRED  NOT PLEADED WAIVED EXCEPT:


JURISDICTION LITIS PENDENTIA RES JUDICATA PRESCRIPTION

DEFAULT/REMEDIES
 Motion to lift/set aside default order  Appeal from default judgment  Petition for relief  Petition for certiorari  Petition to annul judgment
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PLEADINGS
AMENDED/SUPPLEMENTAL PLEADINGS
MATTER OF RIGHT (once, before responsive pleading) WITH LEAVE OF COURT (substantial) FORMAL AMENDMENT AMENDMENT TO CONFORM TO EVIDENCE (at any time even after judgment) EFFECT OF AMENDMENT
 SUPERSEDES  UNINCORPORATED CLAIMS/DEFENSES WAIVED  ADMISSIONS SURVIVE

BILL OF PARTICULARS (before responding, for a more definite and particular allegation of ultimate facts)
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FILING/SERVICE OF PLEADINGS PERSONAL SERVICE


PERSONALLY OFFICE (PERSON IN CHARGE) RESIDENCE (PERSON OF SUFFICIENT AGE AND DISCRETION)

SERVICE BY MAIL
ORDINARY REGISTERED

SUBSTITUTED SERVICE
CLERK OF COURT
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FILING/SERVICE OF PLEADINGS
PRIORITIES IN MODES OF SERVICE AND FILING
PERSONAL WRITTEN EXPLANATION

PROOF OF FILING
EXISTENCE IN THE RECORD WRITTEN OR STAMPED RECEIPT REGISTRY RECEIPT, AFFIDAVIT OF PERSON MAILING

PROOF OF SERVICE
WRITTEN ADMISSION OR RETURN AFFIDAVIT OF PERSON MAILING REGISTRY RECEIPT AND REGISTRY RETURN CARD UNCLAIMED LETTER
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SERVICE OF FINAL ORDER/JUDGMENT PERSONAL SERVICE (actual delivery) BY REGISTERED MAIL (10 days after mailing) PUBLICATION (upon party summoned by publication at the expense of prevailing party)

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SUMMONS
SERVICE DEPENDS ON TYPE OF DEFENDANT ENTITY WITHOUT JURIDICAL PERSONALITY (see Rule 36, Sec. 6) (upon any of them or person in charge of office) PRISONER (by officer having management of jail) MINOR/INCOMPETENT (upon him, parent or legal guardian) DOMESTIC PRIVATE JURIDICAL ENTITY (president, managing partner, general manager,corporate secretary, treasurer, in house counsel) FOREIGN PRIVATE JURIDICAL ENTITY (doing business in Phil, resident agent; government official designated by law; agent) PUBLIC CORPORATION (OSG) IDENTITY OR WHEREABOUTS UNKNOWN (publication) RESIDENT, BUT TEMPORARILY OUT, OF THE PHILIPPINES (extraterritorial service)
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SUMMONS
When: EXTRATERRITORIAL SERVICE
DEFENDANT DOES NOT RESIDE, IS NOT FOUND, IN PHIL AND ACTION AFFECTS PERSONAL STATUS; OR, RELATES TO, SUBJECT IS, PROPERTY IN PHIL, IN WHICH DEFENDANT HAS INTEREST OR RELIEF IS TO EXCLUDE DEFENDANT THEREFROM; OR, PROPERTY OF DEFENDANT HAS BEEN ATTACHED

How: EXTRATERRITORIAL SERVICE


PERSONAL SERVICE OUT OF THE PHIL; OR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION AND BY REGISTERED MAIL TO LAST KNOWN ADDRESS

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SUMMONS
LEAVE OF COURT NEEDED FOR EXTRATERRITORIAL SERVICE PROOF OF SERVICE
RETURN OF PROCESS SERVER AFFIDAVIT OF PUBLICATION AFFIDAVIT OF DEPOSIT

VOLUNTARY APPEARANCE MOTION TO DISMISS MAY ALLEGE LACK OF JURISDICTION OVER PERSON AS WELL AS ANY OTHER GROUND OR GROUNDS TO DISMISS
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MOTIONS
IN GENERAL
NOT A PLEADING AN APPLICATION FOR RELIEF MAY BE SUPPORTED/PROVEN BY AFFIDAVITS NOTICE OF HEARING (RECEIPT 3 DAYS BEFORE; DATE NOT MORE THAN 10 DAYS AFTER FILING) PROOF OF SERVICE OMNIBUS MOTION RULE include all objection then available otherwise waived MOTION FOR LEAVE to file pleading must attach pleading
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MOTION TO DISMISS
GROUNDS:
No jurisdiction over person No jurisdiction over subject matter Improper venue Plaintiff has no legal capacity to sue Litis pendentia Res judicata Prescription Failure to state a cause of action Claim has been paid, waived, abandoned, or otherwise extinguished Claim is unenforceable Condition precedent not complied with 36

MOTION TO DISMISS
LITIS PENDENTIA When is there litis pendentia? Identity of parties, or at least such as representing the same interests in both actions Identity of rights asserted and reliefs prayed for, the reliefs founded on the same facts Identity in both cases is such that the judgment that may be rendered in the pending case would regardless of which party is successful amount to res judicata in the other Which case will be dismissed Priority in time rule More appropriate action rule 37

MOTION TO DISMISS
RES JUDICATA REQUISITES
 FORMER JUDGMENT MUST BE FINAL  RENDERED BY COURT WITH JURISDICTION OVER THE

SUBJECT MATTER AND PARTIES  JUDGMENT ON THE MERITS  THERE MUST BE BETWEEN THE FIRST AND SECOND ACTIONS, IDENTITY OF PARTIES, IDENTITY OF SUBJECT MATTER AND IDENTITY OF CAUSES OF ACTION  WHETHER SAME EVIDENCE WHICH IS NECESSARY TO SUSTAN THE SECOND ACTION WOULD HAVE BEEN SUFFICIENT TO AUTHORIZE A RECOVERY IN THE FIRST EVEN IF THE NATURE OR FORMS OF THE TWO ACTIONS 38 ARE DIFFERENT

MOTION TO DISMISS
FAILURE TO STATE CAUSE OF ACTION
REFERS TO INSUFFICIENCY OF ALLEGATIONS IN THE COMPLAINT DOES NOT REQIURE EVIDENCE DIFFERENT FROM LACK OF CAUSE OF ACTION WHICH REFERS TO INSUFFICIENCY OF FACTUAL BASIS FOR THE ACTION AND MAY BE RAISED ANY TIME AFTER QUESTIONS OF FACT RESOLVED

LACK OF LEGAL CAPACITY TO SUE


PLAINTIFF IS NOT IN EXERCISE OF HIS CIVIL RIGHTS NOR THE QUALIFICATION TO APPEAR OR REPRESENT ANYONE DIFFERENT FROM LACK OF PERSONALITY TO SUE WHICH REFERS TO NOT BEING A REAL PARTY IN INTEREST (IN WHICH CASE GROUND IS FAILURE TO STATE CAUSE OF ACTION)
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MOTION TO DISMISS
FILE WITHIN PERIOD TO ANSWER, IF DENIED, BALANCE OF PERIOD BUT NOT LESS THAN 5 DAYS COURT RESOLUTION:
DENY MOTION ORDER AMENDMENT GRANT MOTION NOT DEFER RESOLUTION
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MOTION TO DISMISS
DISMISSAL IS APPEALABLE AND BARS REFILING WHERE GROUND IS:
 Res judicata  Prescription  Claim is unenforceable  Claim has been paid, waived, abandoned or extinguished

DISMISSAL WITHOUT PREJUDICE NOT APPEALABLE GROUNDS AS AFFIRMATIVE DEFENSES


 Preliminary hearing  Where dismissal granted, counterclaim may be pursued in

same or separate action

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DISMISSAL OF ACTIONS
NOTICE BY PLAINTIFF
BEFORE SERVICE OF ANSWER OR MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE EXCEPT ONCE PREVIOUSLY DISMISSED

MOTION OF PLAINTIFF
COUNTERCLAIM MAY BE PROSECUTED IN SAME OR SEPARATE ACTION WITHOUT PREJUDICE

FAULT OF PLAINTIFF
FAILURE TO APPEAR AT THE PRESENTATION OF HIS EVIDENCE IN CHIEF FAILURE TO PROSECUTE FAILURE TO COMPLY WITH RULES/ORDER OF THE COURT 42 ADJUDICATION UPON THE MERITS

PRE-TRIAL
SEE A.M. No. 03-1-09-SC, 16 AUGUST 2004 CONTENTS OF PRE-TRIAL BRIEF EFFECT OF FAILURE TO APPEAR AND FAILURE TO FILE PRETRIAL BRIEF
SPECIAL POWER OF ATTORNEY SECRETARY S CERTIFICATE BOARD RESOLUTION

MATTERS TO BE CONSIDERED DURING PRE-TRIAL PRE-TRIAL ORDER MEDIATION JUDICIAL DISPUTE RESOLUTION
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INTERVENTION
WHO CAN INTERVENE
ONE WHO HAS LEGAL INTEREST IN MATTER, SUCCESS OF EITHER PARTY, INTEREST AGAINST BOTH, IS ADVERSLY AFFECTED BY DISPOSITION WILL NOT UNDULY DELAY OR PREJUDICE RIGHTS OF ORIGINAL PARTIES INTERVENTION BETTER THAN SEPARATE PROCEEDING

WHEN IS INTERVENTION PROPER


DURING TRIAL AFTER JUDGMENT

HOW TO INTERVENE
BY MOTION ATTACH PLEADING IN INTERVENTION
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SUBPOENA
KINDS
AD TESTIFICANDUM DUCES TECUM

GROUNDS TO QUASH
UNREASONABLE/OPPRESSIVE RELEVANCY DOES NOT APPEAR FAILURE TO ADVANCE REASONABLE COST OF PRODUCTION 100 KILOMETERS
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MODES OF DISCOVERY
DEPOSITIONS
AS TO WHEN
 PENDING ACTION  BEFORE ACTION (PETITION TO BE FILED WHERE

EXPECTED ADVERSE PARTY RESIDES)  PENDING APPEAL

KINDS
 ORAL EXAMINATION (SEC. 15)  WRITTEN INTERROGATORIES (SEC. 25)

USE (SECS. 4 and 8) PROTECTIVE ORDERS (SECS. 16 AND 28)


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MODES OF DISCOVERY
INTERROGATORIES TO PARTIES (Rule 25)
In writing Directed to an adverse party Without leave of court, one set only Effect of failure to serve means, adverse party may not be compelled to testify or give deposition pending appeal

ADMISSION BY ADVERSE PARTY (Rule 26)


By way of request No need for a notice nor good cause Effect of failure to serve means negligent party cannot present evidence on the material or relevant fact at issue within personal knowledge of adverse party

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MODES OF DISCOVERY
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS (RULE 27) Upon motion for good cause Includes ocular inspection of a place PHYSICAL AND MENTAL EXAMINATION OF PERSONS (RULE 28) Examined person requesting report waives confidentiality over other similar reports

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MODES OF DISCOVERY
REFUSAL TO COMPLY WITH MODES OF DISCOVERY Refusal to answer question during oral examination or any interrogatory  Examination may be completed or adjourned  Secure order to compel answer  Person refusing to pay reasonable expenses and attorney s fees  Contempt of court Refusal to answer when ordered, to obey order to produce or allow entry, or to submit to examination  Matter deemed established  Refusing party prohibited from introducing evidence  Strike out pleadings  Arrest (except for refusal to be examined) Refusal to admit/failure to attend deposition, serve answers  Strike out pleadings  Dismiss action  Render default judgment  Pay reasonable expenses and attorney s fees

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TRIAL
IN GENERAL
To postpone submit affidavit of materiality or relevance of evidence and due diligence in procuring it; or affidavit that presence of party or counsel indispensable and character of illness Order of trial Issues limited to those in pre-trial order Agreed statement of facts in lieu of presentation of evidence In default or upon agreement, delegation of reception of evidence to clerk of court (without power to rule on objection or admissibility)

CONSOLIDATION OR SEVERANCE
Common question of law or fact consolidate or have joint hearing For convenience/avoid prejudice, separate trial

TRIAL BY COMMISSIONER (Rule 32)

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ACCELERATED PROCEEDINGS
DEMURRER TO EVIDENCE
AFTER PLAINTIFF HAS COMPLETED EVIDENCE FACTS AND LAW SHOW NO RIGHT IF MOTION GRANTED BUT REVERSED ON APPEAL, DEFENDANT WILL HAVE NO RIGHT TO PRESENT EVIDENCE

JUDGMENT ON THE PLEADINGS


ANSWER FAILS TO TENDER AN ISSUE DEFENDANT ADMITS MATERIAL ALLEGATIONS NOT AVAILABLE IN DECLARATION OF NULLITY, ANNULMENT, OF MARRIAGE, LEGAL SEPARATION
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ACCELERATED PROCEEDINGS
SUMMARY JUDGMENT
EXCEPT TO DAMAGES, THERE IS NO GENUINE ISSUE AS TO ANY MATERIAL FACT MOVING PARTY ENTITLED TO A JUDGMENT AS A MATTER OF LAW MOVING PARTY TO SUBMIT AFFIDAVITS, DEPOSITIONS OR ADMISSIONS WHERE SUMMARY JUDGMENT ONLY PARTIAL, COURT TO ASCERTAIN FACTS CONTROVERTED IN GOOD FAITH AND DIRECT FURTHER PROCEEDINGS
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JUDGMENTS, FINAL ORDERS, ENTRY


RENDITION/ENTRY SEVERAL JUDGMENTS SEPARATE JUDGMENTS JUDGMENT FOR OR AGAINST ONE OR MORE OF SEVERAL PARTIES JUDGMENT AGAINST ENTITY WITHOUT JURIDICAL PERSONALITY
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JUDGMENTS, FINAL ORDERS, ENTRY


EFFECT OF DOMESTIC JUDGMENT
AGAINST A SPECIFIC THING, CONCLUSIVE UPON TITLE TO THING PROBATE OF WILL, CONCLUSIVE AS TO THE WILL STATUS OF PERSON, CONCLUSIVE AS TO STATUS
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JUDGMENTS, FINAL ORDERS, ENTRY


RES JUDICATA
BAR BY PRIOR JUDGMENT: SAME PARTIES, SAME CAUSE OF ACTION, CONCLUSIVE BETWEEN THE SAME PARTIES CONCLUSIVENESS OF JUDGMENT: SAME PARTIES BUT DIFFERENT CAUSES OF ACTION, CONCLUSIVE ONLY AS TO ISSUE ADJUDGED
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JUDGMENTS, FINAL ORDERS, ENTRY


EFFECT OF FOREIGN JUDGMENT
UPON SPECIFIC THING, CONCLUSIVE UPON TITLE TO THE THING AGAINST A SPECIFIC PERSON, PRESUMPTIVE EVIDENCE OF A RIGHT AS BETWEEN THE PARTIES AND THEIR SUCCESSORS IN INTEREST BY SUBSEQUENT TITLE MAY BE REPELLED BY EVIDENCE OF
 WANT OF JURISDICTION  WANT OF NOTICE  COLLUSION  FRAUD  CLEAR MISTAKE OF LAW OR FACT
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POST JUDGMENT REMEDIES MOTION FOR NEW TRIAL MOTION FOR RECONSIDEARTION PETITION FOR RELIEF FROM JUDGMENT EXECUTION AND SATISFACTION APPEALS ANNULMENT OF JUDGMENT

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POST JUDGMENT REMEDIES


MOTION FOR NEW TRIAL
GROUNDS
 FAME  NEWLY DISCOVERED EVIDENCE

FORM
 MOTION WITH AFFIDAVIT OF MERITS  MOTION WITH AFFIDAVIT OF WITNESS OR DULY

AUTHENTICATED DOCUMENT

ACTION
 SET ASIDE JUDGMENT AND GRANT NEW TRIAL  DENY MOTION

SECOND MOTION ALLOWED ORDER DENYING MOTION NOT APPEALABLE

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POST JUDGMENT REMEDIES


MOTION FOR RECONSIDERATION
GROUNDS
 DAMAGES AWARDED ARE EXCESSIVE  EVIDENCE INSUFFICIENT TO JUSTIFY DECISION  DECISION IS CONTRARY TO LAW

FORM
 BY MOTION SPECIFICALLY POINTING OUTTHE FINDINGS OR

CONCLUSIONS NOT SUPPORTED BY EVIDENCE OR CONTRARY TO LAW, REFERRING TO EVIDENCE OR PROVISIONS OF LAW

ACTION
 GRANT THUS AMEND OR REVERSE JUDGMENT  DENY  GRANT OR DENY PARTIALLY

NO SECOND MOTION FOR RECONSIDERATION ALLOWED


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POST JUDGMENT REMEDIES


PETITION FOR RELIEF KINDS
FROM JUDGMENT FROM DENIAL OF APPEAL

60 DAYS FROM NOTICE 6 MONTHS FROM ENTRY FORM


VERIFIED PETITION AFFIDAVITS SHOWING:
 FAME  GOOD AND SUBSTANTIAL CAUSE OF ACTION OR DEFENSE
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EXECUTION AND SATISFACTION


FINAL AND EXECUTORY JUDGMENT
ACTION DISPOSED OF, PERIOD TO APPEAL EXPIRED WITH NO APPEAL, OR APPEAL PERFECTED BUT FINALLY RESOLVED MATTER OF RIGHT COURT OF ORIGIN OR APPELLATE COURT MOTION FOR WRIT OF EXECUTION WITH CERTIFIED TRUE COPY OF JUDGMENT AND ENTRY, NOTICE TO ADVERSE PARTY

EXECUTION PENDING APPEAL


DISCRETIONARY COURT OF ORIGIN OR APPELLATE COURT PETITIONER S BOND UPON GOOD REASONS

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EXECUTION AND SATISFACTION


JUDGMENTS NOT STAYED BY APPEAL
INJUNCTION RECEIVERSHIP ACCOUNTING SUPPORT

EFFECT OF REVERSAL OF EXECUTED JUDGMENT


RESTITUTION REPARATION OF DAMAGES

FORM OF EXECUTION
BY MOTION (WITHIN 5 YEARS) BY INDEPENDENT ACTION (AFTER 5 YEARS BEFORE PRESCRIPTION)

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EXECUTION AND SATISFACTION


MANNER OF EXECUTION
MONEY JUDGMENT
 IN CASH, CERTIFIED BANK CHECK, OR ACCEPTABLE MODE  LEVY  GARNISMENT

JUDGMENT FOR SPECIFIC ACT SPECIAL JUDGMENT

PROPERTY EXEMPT FROM EXECUTION THIRD PARTY CLAIMANT EXECUTION SALE


NOTICE PUBLIC SALE CERTIFICATE OF SALE REDEMPTION

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APPEALS
AM NO. 07-7-12 Amending Rules 41, 45, 58 and 65 (Dec 27, 2007) NOTICE OF APPEAL/RECORD ON APPEAL
MTC TO RTC RTC TO CA

PETITION FOR REVIEW


RTC (APPELLATE JURISCTION) TO CA [RULE 42] QJA TO CA [RULE 43]

PETITION FOR REVIEW ON CERTIORARI


RTC (PURE QUESTION OF LAW) TO SC CA TO SC
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APPEALS
IN GENERAL
PERFECTION OF APPEAL RESIDUAL JURISDICTION TRANSMITTAL OF RECORDS NO EXTENSION OF FILING OF MOTION FOR NEW TRIAL/RECONSIDERATION; NOTICE OF APPEAL PAYMENT OF DOCKET AND OTHER LAWFUL FEES SAME PARTIES MODE OF APPEAL DETERMINES WHERE TO FILE
 NOTICE OF APPEAL (WITH TRIAL COURT)  PETITION (WITH APPELLATE COURT)
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APPEALS
MTC TO RTC
BY NOTICE OF APPEAL 15 DAYS
 SAME PARTIES  MATERIAL DATES  FILED IN MTC

WITH RECORD ON APPEAL 30 DAYS


 SPECIAL PROCEEDINGS  MULTIPLE OR SEPARATE APPEALS

APPEAL PROCEEDINGS IN RTC


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APPEALS
NO APPEAL FROM RTC INTERLOCUTORY ORDER OR ORDER: DENYING PETITION FOR RELIEF OR ANY SIMILAR MOTION SEEKING RELIEF FROM JUDGMENT; INTERLOCUTORY ORDER; DISALLOWING OR DISMISSING AN APPEAL; DENYING MOTION TO SET ASIDE JUDGMENT BY COMPROMISE ON GROUND OF FRAUD, MISTAKE, DURESS; OF EXECUTION; JUDGMENT FOR OR AGAINST ONE OR MORE OF SEVERAL PARTIES OR IN SEPARATE CLAIMS WHILE MAIN CASE PENDING UNLESS COURT ALLOWS APPEAL DISMISSING ACTION WITHOUT PREJUDICE. REMEDY IS SPECIAL CIVIL ACTION OF CERTIORARI 67 UNDER Rule 65

APPEALS
MODES OF APPEAL FROM RTC JUDGMENT OR FINAL ORDER:
ORDINARY APPEAL (NOTICE OF APPEAL FILED WITH RTC; APPEAL BRIEFS FILED WITH CA) PETITION FOR REVIEW (FILED WITH CA) APPEAL BY CERTIORARI (FILED WITH SC)

PERIOD TO FILE APPEAL 15 DAYS WITH RECORD ON APPEAL 30 DAYS; HABEAS CORPUS 48 HOURS DISMISSAL OF APPEAL BY TRIAL COURT
FILED OUT OF TIME NON-PAYMENT OF DOCKET AND OTHER FEES
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APPEALS
PETITION FOR REVIEW FROM RTC (APPELLATE JURISDICTION) TO CA
VERIFIED PETITION WITHIN 15 DAYS MAY BE EXTENDED FOR 15 DAYS; NO FURTHER EXTENSION EXCEPT FOR MOST COMPELLING REASON FOR 15 DAYS ACCOMPANIED BY DUPLICATE ORIGINAL OR TRUE COPY OF JUDGMENT, PLEADINGS, MATERIAL PORTIONS OF RECORDS CONTENTS INCLUDE MATERIAL DATES
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APPEALS
APPEALS FROM QUASI JUDICIAL AGENCIES
CTA TO SC UNDER RULE 45 COMELEC AND COA TO SC UNDER RULE 65 NLRC TO CA UNDER RULE 65 OTHER QJA TO CA UNDER RULE 43
 QUESTIONS OF FACT, OF LAW, OR MIXED QUESTIONS

OF FACT AND LAW  PETITION FOR REVIEW FILED WITH CA  FINDINGS OF FACT SUPPORTED BY SUBSTANTIAL EVIDENCE BINDING ON CA  APPEALS SHALL NOT STAY AWARD OR JUDGMENT UNLESS ORDERED BY CA
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APPEALS
APPEAL BY CERTIORARI TO THE SC FROM CA, SANDIGANBAYAN, CTA OR RTC OR OTHER COURTS BY WAY OF PETITION FOR REVIEW ON CERTIORARI ONLY
 QUESTIONS OF LAW

DISMISSAL OF PETITION
 APPEAL WITHOUT MERIT  PROSECUTED FOR DELAY  QUESTIONS TOO UNSUBSTANTIAL

REVIEW DISCRETIONARY WHEN COURT A QUO HAS: DECIDED QUESTION OF SUBSTANCE DECIDED NOT IN ACCORD WITH LAW OR SC DECISIONS DEPARTED FROM ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS SANCTIONED DEPARTURE BY THE LOWER COURT

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COURT OF APPEALS PROCEDURE ORDINARY APPEALED CASES


APPEAL BRIEFS (RULE 44)

ORIGINAL CASES
CERTIORARI, PROHIBITION, MANDAMUS (RULE 65) QUO WARRANTO (RULE 66)

ANNULMENT OF RTC JUDGMENTS OR FINAL ORDERS OR RESOLUTIONS (RULE 47)


EXTRINSIC FRAUD (WHICH COULD NOT HAVE BEEN RAISED IN A MOTION FOR NEW TRIAL OR PETITION FOR RELIEF) FILED WITHIN 4 YRS FROM DISCOVERY LACK OF JURISDICTION UNLESS BARRED BY LACHES OR ESTOPPEL

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COURT OF APPEALS PROCEDURE

PRELIMINARY CONFERENCE ORAL ARGUMENT MOTIONS NOT SET FOR HEARING DISMISSAL OF APPEAL
FORMAL DEFICIENCIES NOT APPEALABLE TO CA WHERE APPEAL FROM RTC RAISES QUESTION OF LAW ONLY WHERE NOTICE OF APPEAL INSTEAD OF PETITION FOR REVIEW WAS FILED APPEAL ERRONEOUSLY TAKEN TO CA 73

COURT OF APPEALS PROCEDURE

HARMLESS ERROR RULE


NO ERROR IN TRIAL COURT S REFUSAL TO TAKE ACTION RE EVIDENCE, RULING OR ORDER UNLESS INCONSISTENT WITH SUBSTANTIAL JUSTICE OR AFFECTS SUBSTANTIAL RIGHTS OF PARTIES

QUESTIONS THAT MAY BE DECIDED


JURISDICTION ASSIGNED ERRORS ERRORS CLOSELY RELATED TO OR DEPENDENT ON AN ASSIGNED ERROR AND PROPERLY ARGUED IN BRIEF
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SUPREME COURT PROCEDURE

ORIGINAL CASES
CERTIORARI, PROHIBITION, MANDAMUS, QUO WARRANTO, HABEAS CORPUS, DISCIPLINARY PROCEEDINGS AGAINST JUDGES, ATTORNEYS, CASES OF AMBASSADORS, CONSULS

APPEALED CASES
BY WAY OF PETITION FOR REVIEW ON CERTIORARI ONLY DISMISSAL OF APPEAL IMPROPER APPEAL WITH FACTUAL ISSUES MAY BE REFERRED TO CA
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PROVISIONAL REMEDIES
PRELIMINARY ATTACHMENT PRELIMINARY INJUNCTION RECEIVERSHIP REPLEVIN SUPPORT PENDENTE LITE
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PRELIMINARY ATTACHMENT
AVAILABLE IN ACTION:
FOR MONEY OR ACTUAL DAMAGES, PARTY ABOUT TO DEPART WITH INTENT TO DEFRAUD CREDITORS FOR MONEY OR PROPERTY EMBEZZLED FOR POSSESSION OF PROPERTY FRAUDULENTLY TAKEN WHEN IT HAS BEEN CONCEALED AGAINST A PARTY GUILTY OF FRAUD IN CONTRACTING DEBT OR INCURRING /PERFORMING OBLIGATION AGAINST A PARTY WHO HAS DISPOSED OF PROPERTY TO DEFRAUD CREDITOR AGAINST A PARTY NOT RESIDING NOR FOUND IN PHIL OR ON WHOM SUMMONS MAY BE SERVED BY PUBLICATION
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PRELIMINARY ATTACHMENT
HOW ISSUED:
EX PARTE OR WITH NOTICE AND HEARING

WHEN ISSUED:
AFFIDAVIT BASED ON PERSONAL KNOWLEDGE ANY OF THE GROUNDS IN SECTION 1 NO SUFFICIENT SECURITY FOR THE CLAIM AMOUNT DUE OR VALUE OF PROPERTY EQUAL TO CLAIM ABOVE ALL LEGAL COUNTERCLAIMS

NO LEVY ENFORCED UNLESS PRECEDED OR CONTEMPORANEOUSLY WITH SERVICE OF SUMMONS


EXCEPT WHERE SUMMONS CANNOT BE SERVED DESPITE DILIGENT EFFORTS DEFENDANT IS A NONRESIDENT, TEMPORARILY ABSENT 78 FROM PHIL, ACTION IN REM OR QUASI IN REM

PRELIMINARY ATTACHMENT MANNER OF IMPLEMENTATION


REAL PROPERTY, RD AND OCCUPANT PERSONAL PROPERTY BY TAKING AND SAFELY KEEPING IT AFTER GIVING RECEIPT STOCKS, PRES OR MANAGING AGENT DEBTS/CREDITS/BANK DEPOSITS, PERSON OWING SUCH DEBTS INTEREST IN ESTATE, EXECUTOR ADMINISTRATOR OR PERSONAL REP OF DECEASED CUSTODIA LEGIS, COURT AND CUSTODIAN
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PRELIMINARY ATTACHMENT
DISCHARGING ATTACHMENT
MAKES CASH DEPOSIT FILES COUNTER-BOND MOVES TO SET ASIDE
 IMPROPERLY OR IRREGULARLY ISSUED  BOND INSUFFICIENT  ATTACHMENT EXCESSIVE

CLAIM FOR DAMAGES FOR IMPROPER, IRREGULAR OR EXCESSIVE ATTACHMENT


BEFORE TRIAL, PERFECTION OF APPEAL, JUDGMENT BECOMES EXECUTORY WITH NOTICE AND HEARING AGAINST BOND, IF INSUFFICIENT AGAINST ANY PROPERTY OF ATTACHING PARTY NOT EXEMPT 80

PRELIMINARY INJUNCTION
KINDS
PROHIBITORY MANDATORY

GROUNDS
APPLICANT ENTITLED TO RELIEF CONSISTING OF RESTRAINING ACT, OR REQUIRING PERFORMANCE OF ACT ACT WOULD PROBABLY WORK INJUSTICE ACT IN VIOLATION OF RIGHTS OF APPLICANT TENDING TO RENDER JUDGMENT INEFFECTUAL

OBJECTION
INSUFFICIENT APPLICATION IRREPARABLE INJURY TO PARTY ENJOINED COUNTER-BOND

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PRELIMINARY INJUNCTION
72 HOUR TRO (EXEC JUDGE/PRESIDING JUDGE) EX PARTE IN CASE OF EXTREME URGENCY; GRAVE INJUSTICE AND IRREPARABLE INJURY; THEN SERVICE OF SUMMONS AND SUMMARY HEARING TO DETERMINE IF TRO TO BE EXTENDED NOT EXCEEDING 20 DAYS 20 DAY TRO EX PARTE IN CASE OF GREAT AND IRREPARABLE INJURY; THEN SERVICE OF SUMMONS AND SUMMARY HEARING FOR ENJOINED PARTY TO SHOW CAUSE WHY PI SHOULD NOT ISSUE PI ALWAYS WITH NOTICE AND HEARING CA 60 DAY TRO; SC TRO UNTIL FURTHER ORDERS TRIAL COURT, CA, SB, CTA ISSUING PI AGAINST LOWER COURT, BOARD, OFFICER, QJA TO DECIDE MAIN CASE WITHIN 6 MONTHS FROM ISSUANCE

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RECEIVERSHIP
PARTY APPLYING HAS INTEREST IN PROPERTY SUBJECT OF ACTION WHICH IS IN DANGER OF BEING LOST OR MATERIALLY INJURED MORTGAGED PROPERTY IN DANGER OF BEING WASTED, VALUE INSUFFICIENT TO DISCHARGE MORTAGE DEBT AFTER JUDGMENT, TO PRESERVE PROPERTY PENDING APPEAL OR AID IN EXECUTION WHERE IT IS MOST CONVENIENT MEANS TO PRESERVE, ADMINISTER OR DISPOSE OF PROPERTY
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REPLEVIN
WHEN/HOW TO APPLY BEFORE ANSWER APPLICANT IS OWNER OF PROPERTY/ENTITLED TO POSSESSION PROPERTY WRONGFULLY DETAINED BY ADVERSE PARTY PROPERTY HAS NOT BEEN DISTRAINED OR TAKEN FOR A TAX ASSESSMENT OR FINE OR IN CUSTODIA LEGIS ACTUAL MARKET VALUE OF PROPERTY BOND IN DOUBLE THE VALUE
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SPECIAL CIVIL ACTIONS


INTERPLEADER DECLARATORY RELIEF AND SIMILAR REMEDIES: REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTION OF THE COMELEC AND COA CERTIORARI, PROHIBITION AND MANDAMUS QUO WARRANTO EXPROPRIATION FORECLOSURE OF REM PARTITION FORCIBLE ENTRY AND UNLAWFUL DETAINER CONTEMPT
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INTERPLEADER WHEN PROPER


CONFLICTING CLAIMS AGAINST ONE WITHOUT INTEREST SUMMONS ON CONFLICTING CLAIMANTS MOVE TO DISMISS OR ANSWER WITH COUNTERCLAIM, CROSS-CLAIM, THIRD PARTY COMPLAINT AFTER PRE-TRIAL, COURT TO DETERMINE RIGHTS AND OBLIGATIONS
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DECLARATORY RELIEF PURPOSE


TO DETERMINE ANY QUESTION OF CONSTRUCTION OR VALIDITY, AND FOR DECLARATION OF RIGHTS AND DUTIES, UNDER LAW OR CONTRACT REFORMATION OF INSTRUMENT QUIET TITLE OR REMOVE CLOUDS CONSOLIDATE OWNERSHIP

NOTIFY SOLICITOR GENERAL (re statute or ordinance involved) WHERE THERE IS ALREADY BREACH OR VIOLATION, CONVERT INTO ORDINARY ACTION
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REVIEW OF COMELEC/COA JUDGMENTS


SUPREME COURT ON CERTIORARI UNDER RULE 65 WITHIN 30 DAYS IF MR FILED, BALANCE OF 30 DAY PERIOD TO FILE BUT NOT LESS THAN 5 DAYS FILING OF PETITION SHALL NOT STAY THE EXECUTION OF THE JUDGMENT OR FINAL ORDER UNLESS SC DIRECTS OTHERWISE
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CERTIORARI, PROHIBITION, MANDAMUS


COMMON REQUIREMENTS
GRAVE ABUSE OF DISCRETION NO APPEAL NOR OTHER PLAIN, SPEEDY AND ADEQUATE REMEDY VERIFICATION/ CERTIFICATION OF NON-FORUM SHOPPING 60 DAYS FROM NOTICE OF JUDGMENT OR DENIAL OF MR CERTIFIED TRUE COPY OF JUDGMENT (except mandamus) SC, CA (particularly from QJA), RTC (from lower court) NO EXTENSION EXCEPT FOR 15 DAYS FOR COMPELLING REASON COURT MAY ISSUE TRO/PI CASE A QUO TO PROCEED UNLESS TRO/PI
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CERTIORARI, PROHIBITION, MANDAMUS


CERTIORARI
TRIBUNAL, BOARD, OFFICER WITH JUDICIAL OR QUASI-JUDICIAL FUNCTIONS ANNUL OR MODIFY PROCEEDINGS

PROHIBITION
TRIBUNAL, CORPORATION, BOARD, OFFICER OR PERSON, WITH JUDICIAL, QUASI-JUDICIAL OR MINISTERIAL FUNCTIONS COMMAND RESPONDENT TO DESIST FROM FURTHER PROCEEDING

MANDAMUS
TRIBUNAL, CORPORATION, BOARD,OFFICER OR PERSON UNLAWFULLY NEGLECTS THE PERFORMANCE OF AN ACT WHICH LAW SPECIFICALLY ENJOINS AS DUTY OR UNLAWFULLY EXCLUDES ANOTHER FROM USE AND ENJOYMENT OF RIGHT OR OFFICE COMMAND PERSON TO DO ACT AND TO PAY DAMAGES SUSTAINED BY PETITTIONER BY REASON OF WRONGFUL ACT OF RESPONDENT 90

QUO WARRANTO
AGAINST:
PERSON WHO USURPS, INTRUDES INTO, OR UNLAWFULLY HOLDS OR EXERCISES A PUBLIC OFFICE, POSITION OR FRANCHISE PUBLIC OFFICER DOES AN ACT WHICH CONSISTUTES A GROUND FOR FORFEITURE OF HIS OFFICE ASSOCIATION WHICH ACTS AS CORPORATION WITHOUT AUTHORITY

WHO COMMENCES ACTION:


PERSON/OSG (RTC MANILA, CA, SC)

WHEN:
ONE YEAR FROM ACCRUAL OF CAUSE OF ACTION

CONTRAST WITH MANDAMUS

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EXPROPRIATION
RTC HAS JURISDICTION REGARDLESS OF VALUE VERIFIED COMPLAINT AGAINST ALL PERSONS OWNING AND OCCUPYING PROPERTY PLAINTIFF MAY TAKE POSSESSION UPON DEPOSIT OF AMOUNT EQUAL TO ASSESSED VALUE TWO STEP DETERMINATION:
AUTHORITY TO EXPROPRIATE JUST COMPENSATION (BY 3 COMMISSIONERS)

PLAINTIFF MAY TAKE POSSESSION PENDING APPEAL MINOR/INCOMPETENT TO BE REPRESENTED BY GUARDIAN OR GUARDIAN AD LITEM
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FORECLOSURE OF REM
CONTENTS OF COMPLAINT (quasi in rem) COURT TO:
ASCERTAIN AMOUNT DUE RENDER JUDGMENT FOR SUCH AMOUNT AND THAT SAME BE PAID WITHIN PERIOD OF NOT LESS THAN 90 DAYS NOR MORE THAN 120 DAYS FROM ENTRY (equity of redemption) IN DEFAULT OF PAYMENT, PROPERTY TO BE SOLD AT PUBLIC AUCTION (Rule 39) TO SATISFY JUDGMENT (without right of redemption unless mortgagee is bank) ISSUE DEFICIENCY JUDGMENT (in personam) ISSUE ORDER OF CONFIRMATION ISSUE WRIT OF POSSESSION
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PARTITION
ACTION TO COMPEL PARTITION OF REAL PROPERTY IMPLEAD ALL PERSONS INTERESTED IN PROPERTY COURT TO ORDER PARTITION PARTIES TO EXECUTE INSTRUMENTS OF CONVEYANCE OR COMMISSIONERS TO MAKE PARTITION COURT TO CONFIRM FINAL ORDER DECREEING PARTITION AND ACCOUNTING MAY BE APPEALED EXTRAJUDICIAL OR AMICABLE PARTITION POSSIBLE WITHOUT RECOURSE TO ACTION
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FORCIBLE ENTRY AND UNLAWFUL DETAINER


FORCIBLE ENTRY PRIOR POSSESSION DEPRIVED OF POSSESSION BY FITSS UNLAWFUL DETAINER EXPIRATION OF LEASE OR RIGHT TO POSSESSION PROPERTY UNLAWFULLY WITHELD OTHER REQUIREMENTS ONE YEAR DEMAND FOR LESSEE TO PAY AND VACATE/NOTICE SUMMARY PROCEDURE IRRESPECTIVE OF AMOUNT OF UNPAID RENTALS  PROHIBITED PLEADINGS  TIME LIMITATIONS  AFFIDAVITS AND POSITION PAPERS QUESTION OF OWNERSHIP TO BE PROVISIONALLY ADJUDGED IMMEDIATE EXECUTION EXCEPT WHERE SUPERSEDEAS BOND FILED AND RENT DEPOSITED (APPEAL TO CA OR SC NO MORE EXCEPTION) 95

CONTEMPT
DIRECT CONTEMPT MISBEHAVIOR IN COURT WHICH OBSTRUCTS OR INTERUPTS PROCEEDINGS; DISRESPECT OFFENSIVE PERSONALITIES TOWARD OTHERS REFUSAL TO BE SWORN OR TO ANSWER AS WITNESS OR TO SUBSCRIBE AN AFFIDAVIT OR DEPOSITION INDIRECT CONTEMPT MISBEHAVIOR OF AN OFFICER OF THE COURT IN PERFORMANCE OF HIS OFFICIAL DUTIES DISOBEDIENCE OR RESISTANCE TO A LAWFUL WRIT, PROCESS, ORDER ABUSE OF OR UNLAWFUL INTERFERENCE WITH PROCESSES OR PROCEEDINGS OF A COURT NOT DIRECT CONTEMPT IMPROPER CONDUCT TENDING TO IMPEDE ADMINISTRATION OF JUSTICE ASSUMING TO BE AN ATTY FAILURE TO OBEY SUBPOENA 96 RESCUE OF PERSON IN CUSTODY

CONTEMPT PROCEDURE
DIRECT CONTEMPT
 SUMMARY  NO APPEAL BUT MAY QUESTION THRU CERTIORARI  EXECUTION UNLESS BOND FILED

INDIRECT CONTEMPT
 VERIFIED PETITION OR MOTU PROPRIO BY THE COURT  RESPONDENT TO COMMENT AND BE HEARD  PENALTIES IMPRISONMENT FINE COMPLETE RESTITUTION  APPEALABLE AS IN CRIMINAL CASES  EXECUTION UNLESS BOND FILED
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GOOD LUCK!

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