NOTE: CAVEAT: HINDI ITO ANG MGA SURE NA LALABAS.

PERO MAY POSIBILIDAD NA MANGGALING DTO

ANG PROBLEMS, BASTA KUTUHIN NINYO ITO.

DISTINCTIONS AND DEFINITIONS MUST BE MEMORIZED

RULE 30: PASADAHAN NYO LANG, WALANG GAANONG LUMALABAS. BUT CAN THE PARTIES AGREE TO
REVERSE THE ORDER OF THE TRIAL? HOW AND WHEN?

RULE 31: CONSOLIDATION OR SEVERANCE. CORRELATE TO JOINDER OF ACTIONS AND JOINDER OF

INDISPENSABLE PARTIES. COMMON QUESTIONS OR ISSUES ARE EXISTING. DISMISSIBLE: LITIS
PENDENCIA

RULE 32: TRIAL BY COMMISSIONER. WHEN REQUIRED. CAN THEY RULE ON THE ADMISSIBILITY OF
EVIDENCE?

RULE 33: WHEN? REMEDY OF DENIAL OF DEMURRER – GO TO TRIAL AND IF JUDGMENT BY THE TC IS
ADVERSE, APPEAL THE JUDGMENT AND ASSIGN THE DENIAL OF THE DEMURRER AS ONE OF THE ERRORS
OR RULE 65 ON THE ORDER DENYING THE MR OF THE DENIAL OF THE DEMURRED KUNG MAY GAD.
EFFECT OF DENIAL OF DEMURRER BY THE TC. IS LEAVE REQUIRED? BAKA PAIKUTIN KAYO NA SINCE
DENIED YUNG DEMURRER NYA SA TC, HINDI NA SYA PWEDENG MAGPRESENT NG EVIDENCE.

EFFECT WHEN THE APPELATE COURT REVERSED THE JUDGMENT OF THE TC GRANTING THE
DEMURRER. DISTICTIONS BETWEEN DEMURRER IN CIV AND CRIM. DISTINGUISH LACK OF CAUSE FROM
FAILURE TO STATE A CAUSE.

RULE 34: DISTINGUISH IT FROM SUMMARY JUDGMENT. CORRELATE TO REQUEST FOR ADMISSIONS. IN
CASE THERE IS AN ADMISSION UNDER THE MODES OR THERE IS FAILURE TO ADMIT OR SERVE, CAN YOU
USE JUDGMENT ON THE PLEADINGS OR SUMMARY JUDGMENT?

RULE 36: PLEASE MEMORIZE REQUISITES. WHAT IS A SIN PERJUICIO JUDGMENT?

RULE 37: MNT – GROUNDS AND REQUISITES. PWEDE PA BA MAGAMIT TWICE? PWEDE AS LONG AS
GROUNDS ARE AVAILABLE NUNG MAG FILE KA NG SECOND MNT. PERO KUNG NAGFILE KA NG FIRST
MNT E AVAILABLE ANG IBANG GROUNDS TAPOS HINDI MO NILAGAY, ABA E KASALANAN MO NA YUN
DAHIL OMNIBUS MOTION RULE APPLIES – WAIVED.

MR – GROUNDS. PWEDE BA MAGAMIT TWICE? SA SUPREME COURT PWEDE UNLESS SINABIHAN

KA NA TUMIGIL ON THE PAIN OF CONTEMT OF COURT.

RULE 38: PETITON FOR RELIEF: WHEN AVAILABLE. TINGNAN NYO YUNG EFFECTS HA. TAPOS EFFECTS
KAPAG DUN SA PROCEEDINGS TAPOS DUN SA FAILURE TU TAKE APPEAL BECAUSE OF FAME. SEE ALSO
PERIOD. DISTINGUISH IT TO MNT.

RULE 39: EXECUTION SATISFACTION AND EFFECTS. FVORATE NI SIR TO. MASTERY OF THE RULES. PERO
ITO:
PERIODS.
MOTION FOR EXECUTION TAPOS ACTION TO REVIVE.
IF THE TC DOES NOT WANT TO EXECUTE – MANDAMUS.
 IF A JUDGMENT OF THE TC IS SUSTAINED BY THE APPELATE COURT –THE PARTY FAVORED
SHOULD FILE MOTION FOR EXECUTION TO THE COURT OF ORIGIN. KUNG AYAW, ASK COURT OF
APPEALS TO ORDER THE COURT OF ORIGIN FOR THE EXECUTION THEREOF.
REDEMPTION DAPAT MUST MASTER.

APPEALS
MODES OF APPEAL
NOTICE OF APPEAL AND RECORD ON APPEAL.
RECORD ON APPEAL SA PARTITION AT EXPROPRIATION
SEC 8 OF RULE 40. BAKA LUMABAS – ISA SA FAVS NI SIR
SEE SEC 8 OF RULE 40. SEE LAST SENTENCE OF FIRST PARAGRAPH OF SEC 8 OF RULE 40, DIBA
NIREMAND SA MTC FOR THE LATTER TO TRY THE CASE – E NAG NOTICE OF APPEAL KA NA DIBA, WHAT
IS THE REMEDY IF THE CASE REMANDED IS ADVERSE TO YOUR CLIENT – REMEDY IS NOTICE OF APPEAL
PARIN DAW SABI NI DEAN: PARANG EXCEPTION – DAHIL SA WHOLE APPELATE PROCESS NG CIV PRO,
MINSAN KA LANG MAG NONOTICE OF APPEAL.
WHEN PERFECTED
RESIDUAL JUR
EFFECT WHEN PERFECTED
RULE 43 PETITION DOES NOT STAY THE JUDGMENT
RULE 45 RTC DIRECTLY TO THE SC ON PURE QOL
DISTINGUISH RULE 45 FROM 65
NEYPES RULE: MAG INGAT DAHIL HINDI ITO APPLICABLE SA RULE 65 OR SA QUASI JUDICIAL
BODIES.

RULE 47. ANNULMENT: GROUNDS. PERIODS. EFFECTS. PWEDE ITANONG NA KUNG PWEDE MAGKA
TRIAL DE NOVO OR BE ALLOWED TO PERFECT AN APPEAL. SAAN MAG FILE?

RULE 64: YUNG PERIOD LANG PINAGKAIBA SA 65. YUNG PERIOD DITO ANG GAGAMITIN MO TO ASSAIL
THE DECISION OF THE COMELEC AT COA. SI CSC E RULE 43.

RULE 65:
DIFFERENCE NG CERTIORARI, PROHI AT MANDAMUS – LAHAT NG DISTINCTIONS
DOES NOT STAY THE JUDGMENT KAILANGAN NG TRO
HERE, THE JUDGE IS IMPLEADED BECAUSE HIS GRAVE ACT IS THE CAUSE OF ACTION TO THE
PETITION
RULE 65 IS NOT A MODE OF APPEAL
SA PAGGAMIT NG CERTIORARI UNDER 64 65, CONDITION SINE QUA NON ANG MR, PERO MAY
EXCEPTIONS.
CORRELATE TO HIERACHY OF COURTS

RULE 66: MEMORIZE DISTINCTIONS. GROUNDS. EFFECT/S.

PROVISIONAL REMEDIES:

PRELIMINARY ATTACH.
DEFINE
DISTINGUISH FROM GARNISHMENT
BOND REQUIREMENT.
INJUCTION

DEFINE
GROUNDS
PURPOSE

RECEIVERSHIP

DEFINE
EPEKTO AT WHEN TERMINATED

REPLEVIN:

ISIPIN NA PWEDE PRINCIPAL PWEDE PROVISIONAL

ETO PANG PERSONAL PROPERTY LANG

SPECIAL CIVIL ACTIONS

INTERPLEADER

DISTINGUISH TO INTERVENTION

DECLA. REL.

GROUNDS
PAANO KUNG PENDING TAPOS A RIGHT HAS BEEN VIOLATED

EXPROPRIATION

I MASTER YUNG NOTES NYA

KAILAN
TAPOS DETERMINATION OF JUST COMPENSATION
ETO, RECORD ON APPEAL.

FORECLOSURE:

DISTINGUISH RIGHT OF RED FROM EQUITY OF RED

TINGNAN PERIOD KAPAG BANK
PAANO KUNG HINDI NABAYARAN
DEFINE AT SINO PWEDE MAGPAPARTITION

RULE 70.

DISTINCTIONS OF THE TWO KINDS OF EJECTMENT

KUNG NAG NAGDISCUSS SYA NG APPEALS DTO, IMMEDIATELY EXECUTORY ANG DECISION NG
TC – UNLESS APPEALED AND A SUPERSEDES BOND WAS FILED.
CONTEMPT – I CONTEMPT KO DYAN E – KAILAN DIRECT KAILAN INDIRECT