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    Rn_remedial Law Memaid 2018

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    RN - Remedial Law Memaid 2018

    Uploaded by

    cindy mateo

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    © All Rights Reserved
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    TABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 GENERAL PRINCIPLES ‘Substantive Law vs. Remedial Law CLASSIFICATION OF COURTS .. Court Courts of Law ys. Courts of Equity Consttaional Court vs. Statutory Court ‘Superior Court vs. inferior Court Gn Coun ve. Criminal Court As to Level Courts of Record JURISDICTION .. 7 Four Concapis of Jurisdiction in Civ Gases Requisttes forthe Exercise of Juredicion and How the Court Acquires such Jurediction AA. Joriscction over the Subject Matter How jurssicton over the subject matter is conferred Erect of lack of jurisdiction over the subject matter ofthe action “Jurisdiction over the subject matter cannot be conferred by Exception "When jurisdiction by estoppel may be applied ‘What law governs the jrtsdietton of he court How jurisdiction over the subject mater is determined ‘The cours jurisdiction aver the subject matter cannot be made to depend upon ‘Motu proprio dismissal ofthe case by the cou B, Jurisdiction over the Parties Unauthorized Complaint Examples of Voluntary Appearance ‘Special appearance operates as an exception to the general rule on voluntary appearance: Concept of Special Appearance co Surisateton over the issues “risition over the issues may also be determi Dr urtedetion over the Ros Jurisdiction over the Res acauited either ‘Comparieon of urtadction over the Subject Mater, over the Person, and aver the Issues sorssetion ve. Exercise of Jurisdiction Error of suridiction ve. Error of Judgment and conferred by CLASSIFICATION OF JURISDICTION As to.Cases Tried ‘As to Nature of he Cause [AS to Nature and Extent of Exercise ‘a3 10 Situs OTHER PRINCIPLES .. Policy of Judicial Hierarchy Doctrine of Judeal Stabity oF Non-interterence Doctrine of Adherence of Jurisdiction (Continusty of Jurisdiction) Exclusionary Principle Doctrine of Primary Juriedietion FRule on Exhaustion of Administrative Remedies Doctrine of Ancilary Jursdiction Residval Jurisdiction Dolagated Jursaiction of inferior Courts Special Jurisdiction of MTC. Distinctions between @ Court and a Judge JURISDICTION OF COURTS IN CIVIL CASES Supreme Court Court of Appeals Sandiganbayan Regional Taal Courts and Municipal Tal Courts Family Courts ‘Shorts Courts Jurisdiction JURISDICITON OF COURTS IN CRIMINAL CASES Supreme Court (Court of Appeals Fogional Trial Cours 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |i TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Municipal Trial Courts Sandiganbayan CIVIL PROCEDURE RULE 1: GENERAL PRINCPLES ....... ‘SECTION 1. TITLE OF THE RULES When Procedural Rules do not apply to pending actions Rulo-Making Powor ofthe Supreme Cour ‘Causes which may Warrant the Suspension of the Sit Application ofthe Rules Limitations on the Rulemaking power of tie Supreme Cour SECTION 2. IN WHAT COURTS APPLICABLE SECTION 3. CASES GOVERNED “Ration” distinguished fom “Clais” A. Cull Acton. 8 Criminal Action . Special Proceeding Cingsication of Actions An InGenera 8 Asto Object Distinctions between action in personam, action in rem, and action quast in rem ©. As to Cause or Foundation DAS to Place. ‘Actions the subject matter of which i incapable of pecuniary estimation ‘SECTION 4. INWHAT CASES NOT APPLICABLE SECTION 5. COMMENCEMENT OF ACTION ‘Ackil acton is commenced by Fring of Compiaint, Docket Fees Effect of Non-Payment of Docket Fees Instances whan the docket fees ned not be paid at the commencement ofthe sult but may be considered as a en on the judgment award ‘SECTION 6. CONSTRUCTION. Exceptions, RULE 2: CAUSE OF ACTION . SECTION 1. ORDINARY CIVIL ACTIGI SECTION 2. CAUSE OF ACTION, DEFINED. Elements of a cause of action. Tost ofthe Sufcioncy ofthe Statement of a Cause of Action Fight of Acton Requisties ‘Aston Distinguished from Cause of Action ‘SECTION 3. ONE SUIT FOR A SINGLE CAUSE OF ACTION SECTION 4, SPLITTING A SINGLE CAUSE OF ACTION, EFFECT OF Prohibition against spiting a single cause of action Romedy ofthe defendant where 2 single cause of action has been split ‘Three Tests to Ascertan Whether Two oF More Suits Relate 10a Single or Common Cause of Action Res in Determining he Singleness of a Cause of Action Docttine of Anipatory Breach SECTION 5, JOINDER OF CAUSES OF ACTION Totaly Rule Determination of Jurscictonal Amount in Relation tothe Totality Rule SECTION 6. MISJOINDER OF CAUSES OF ACTION RULE 3: PARTIES TO CIVIL ACTION SECTION 1. WHO MAY BE PARTIES; PLAINTIFF ANO DEFENDANT quiremoris fora person to be a party toa evil action Enis Authorized by Law to be Parties Effect when @ party impleaded Is not authorized tobe a party ‘SECTION 2. PARTIES IN INTEREST Real Partysnintorest Locus Stand Classticaton of parties in interest ‘SECTION 3. REPRESENTATIVES AS PARTIES ‘SECTION 4 SPOUSES AS PARTIES Exceptions under the Family Code SECTION 6. MINOR OR INCOMPETENT. SECTION 6, PERMISSIVE JOINDER OF PARTIES Rule on Permissive Joindor of Parties Requistes ‘Series of transactions SECTION 7. COMPULSORY JOINDER OF INDISPENSABLE PARTIES. |i] 2018 SAN BEDA CENTRALIZED BAR OPERATIONS TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Indiepensabie panics ules on co-owners as indispensable partes n actions to recover property SECTION 8 NECESSARY PARTY, Necessary party Effect of Justitad Nor-incusion of a Necessary Party SECTION 9. NON-JOINDER OF NECESSARY PARTIES TO BE PLEADED Duty of Pieader Whenever a Necessary Party is Not Joined SECTION 10, UNWILLING CO-PLAINTIFF ‘SECTION 11. MISJOINDER AND NON-JOINDER OF PARTIES SECTION 12 CLASS SUIT Roquistes ofa Ciass Sut Instances when there is No Class Suit Example of class suit Example of permissive jinder of parties SECTION 18, ALTERNATIVE DEFENDANTS ‘SECTION 14. UNKNOWN IDENTITY OR NAME OF DEFENDANT. ‘SECTION 15. ENTITY WITHOUT JURIDICAL PERSONALITY AS DEFENDANT INSTANCES WHEN SUBSTITUTION OF PARTIES IS PROPER: A. SECTION 16. DEATH OF PARTY: DUTY OF COUNSEL “eat to Determine Whather an Action Survives the Death of a Party Examples of actions which survive the deat of he party When Formal Substitution is Not Necessary Rules in cases where the acon survives the death of a party 1B. SECTION 17. DEATH OR SEPARATION OF A PARTY WHO IS A PUBLIC OFFICER ‘SECTION 18. INCOMPETENCY OR INCAPACITY SECTION 19. TRANSFER OF INTEREST Atransleree pendente tte SECTION 20. ACTION ON CONTRACTUAL MONEY CLAMS. SECTION 21. INDIGENT PARTY SECTION 22, NOTICE TO THE SOLICITOR GENERAL RULE 4: VENUE OF ACTIONS .... Venue compared to Jurisdiction Basie Venue Anaiysie SECTION 1. VENUE OF REAL ACTIONS. Real Actions SECTION 2 VENUE OF PERSONAL ACTIONS. Personal Action It the defendant non-esident ‘SECTION 3. VENUE OF ORDINARY CIVIL ACTIONS AGAINST NON-RESIDENTS [Non-resident found inthe Phitppines Non-resident rot found i the Philippines SECTION 4. WHEN RULE NOT APPLICABLE Requisttes of Stipulations on Venue Effect of venue stipulation when the vay of the written instrument is controverted ‘Complementary-Contracts-Construed Together Doctrine RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS .. SECTION 1, UNIFORM PROCEDURE RULE 6: KINDS OF PLEADINGS ..... SECTION 1. PLEADINGS DEFINED. Purpose of Pleadings SECTION 2, PLEADINGS ALLOWED SECTION 3, COMPLAINT. ‘Test of Suficiancy of the Facts Alleged in the Complaint to Gonstitule a Cause of Action SECTION 4. ANSWER. SECTION 5, DEFENSES ‘Two kinds f dofonses that may be sot forth in the answer Incuificiont denial or denial amounting to admissions SECTION 6. COUNTERCLAIM Nature of 8 Counterclaim Permissive Counterclaim ‘Compulsory Counterciaim ‘SECTION 7. COMPULSORY COUNTERCLAIM. Requistes of a Compulsory Counterclaim CGoferiaor tests that may be used in termining whether @ counterciaim is compulsory oF permissive Rules on Compulscry Counterclaim Etfoct ofthe Diemiseal of a Complaint on the Counterclaen Already Set up SECTION 8, CROSS-CLAIM mations on Cross-Claim Effect of Falluro to Filo @ Gross-claim SECTION 9. COUNTER-COUNTERCLAIMS AND COUNTER-CROSS-CLAIMS SECTION 10. REPLY 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |i TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effect of Failure to File a Reply Distinctions between Answer fo Countereiaim and Reply SECTION 11. THIRD (FOURTH, ETC }-PARTY COMPLAINT Tosis fo determine whether the Third-Party Complaint is in Respect of Piaint's Claim SECTION 12. BRINGING NEW PARTIES Distinguished from a This Party Complaint ‘SECTION 13, ANSWER TO THIRD (FOURTH, ETC. PARTY COMPLAINT RULE 7: PARTS OF PLEADINGS ....... a SECTION 1. CAPTION SECTION 2 THE BODY ‘SECTION 3. SIGNATURE AND ADDRESS Significance of the Signature of Gounsal ‘A counsel's subject fo discipinary acon inthe folowing cases. SECTION 4, VERIFICATION. How a Pleading is Verified Purpose of Requting Verification Effect of Lack of Verification stot Pleadings that should be verted SECTION &. CERTIFICATION AGAINST FORUM SHOPPING Forum Shopping Cerifieate against Forum Shopeing Tost to Determine the Existence of Forum Shopping Three Ways of Commiting Forum Shopping Effect of Forum Shopping Elect of Non-Compliance withthe Rule an Certification against Forum Shopping Erfoct of Submission of a False Certification or Non-Compuanes with tha Undertakings Erfoct of Wilf and Deliberate Forum Shopping Summary of Guidelines Respecting Non-Complance with the Requiements of, r Submission of Detective, Verfication and Certification ‘against Forum Shopping RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS .. SECTION 1. IN GENERAL What are Not Utimate Facts Evidentiary facts “Test to Distinguish Conclusion of Law from Statement of Facts Defenses Based on Law SECTION 2 ALTERNATIVE CAUSES OF ACTION OR DEFENSE (Can a defendant make use of both a negative and affrmatve defense Facts that may be Averred Gene aly Facts that must be Averred Partiularly SECTION 7. ACTION OR DEFENSE BASED ON DOCUMENT. ‘Actionable Document ‘Two Permissible ways of pleading an Actonable Document SECTION 8. HOW TO CONTEST SUCH DOCUMENT How to Contest an Actionable Document Where he actionable document propery allaged, the failure to specticaly deny under oath the same results in: ‘Genuineness" means that the dociment is “Due Execution” means thatthe document Defenses Cut Of by tre Admission of Genuneness and Due Execution Defenses not CuOM by the Admission of Genuineness and Due Exscution| SECTION 10. SPECIFIC DENIAL Three Types of Specific Denials SECTION 11. ALLEGATION NOT SPECIFICALLY DENIED DEEMED ADMITTED SECTION 12, STRIKING OUT OF PLEADING OR MATTER CONTAINED THEREIN 53 RULE 9: EFFECT OF FAILURE TO PLEAD . 87 ‘SECTION 1- DEFENSES AND OBJECTIONS NOT PLE SECTION 2 COMPULSORY COUNTERCLAIM, OR CROSS-CLAIM, NOT SET-UP BARRED SECTION 3. DEFAULT, DECLARATION OF DEFAULT Default in ordinary procedure ‘Two Stages of Default What is the consequence i the plain fails to fle a motion to declare the defendant in default ater a tong period of ime Elemenis of a Vaid Declaration of Defat Action ofthe Court after Declaralion/Order of Defaut Etfect of Declaration/Order of Default Fights of Party in Default Roquistes to Lit Onder of Default Partial Detauit Effect of Partial Defautt Can the plaintit move to dlamiss the ease as regards the answering defendant and retain the defaulted defendant in order to secure an immediate juagment Extent of Roisin a Judgment by Defaut mere ro detauite slowed Iv | 2016 SAN BEDA CENTRALIZED BAR OPERATIONS TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effect of Faure to File an Answer in Marriage-Related Cases Remedies Avaialo to Party who has been Declared in Default RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS SECTION 1, AMENDMENTS IN GENERAL Rule 10 vis-bvie Section 4of Rulo 128 SECTION 2 AMENOMENTS AS A MATTER OF RIGHT Instances when Amendment is @ Matter of Right ‘When New Service of Summans is required ‘SECTION 3. AMENDMENTS BY LEAVE OF COURT [Leave of Court is required Requisites Instances when Amendment by Leave of Court May Not be allowed ‘Amenament is Not Alowed Where No Cause of Action Exists ‘Amendment to Cortect a Juriseictonal Defect Substantial Akeration of Cause of Action or Defense ‘Test te Determine Whether a Different Cause of Action & intioduced by the Amendments ‘SECTION 4. FORMAL AMENOMENT. SECTION 5, AMENDMENT TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE SECTION 6. SUPPLEMENTAL PLEADINGS: SECTION 7, FILING OF AMENDED PLEADINGS. SECTION 8. EFFECT OF AMENDED PLEADING Effect of Amended Piesding Effect of Amendments in Relation tothe Statue of Limitations RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS ‘SECTION 1, ANSWER TO THE COMPLAINT SECTION 2. ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY SECTION 3. ANSWER TO AMENDED COMPLAINT Ifthe fing ofan amended complaints a matter ef rght Ifthe fling of to armendied complaint is nota matter of right ‘SECTION 4, ANSWER TO COUNTERCLAIM OR CROSS-CLAIM SECTION 5, ANSWER TO THIRD (FOURTH, ETC.) PARTY COMPLAINT SECTION 6. REPLY SECTION 7 ANSWER TO SUPPLEMENTAL COMPLAINT SECTION 8. EXISTING COUNTERCLAIM OR CROSS-CLAIM Existing Counterclaim or Cross-Ciaim SECTION 9. COUNTERCLAIM OR CROSS-CLAIM ARISING AFTER ANSWER ‘Atr-Acauited Countercaims and Cross: Claims ‘SECTION 10. OMITTED COUNTERCLAIM OR CROSS-CLAIM (Omitted Counterciaims and Cross.Claims SECTION 11. EXTENSION OF TIME TO PLEAD RULE 12: BILL OF PARTICULARS ‘SECTION 1, WHEN APPLIED FOR; PURPOSE. Purpose Potted to Fle Effect of Filing SECTION 2 ACTION BY COURT SECTION 3. COMPLIANCE WITH OROER Prod to comply with the order granting the motion 1} SECTION 4. EFFECT OF NON-COMPLIANCE: SECTION 5. STAY OF PERIOD TO FILE RESPONSIVE PLEADING Ii the motion is granted Its motion is dented ‘SECTION 6. BILLA PART OF PLEADING RULE 13: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS .. SECTION 1. COVERAGE SECTION 2-FILING AND SERVICE, DEFINED. Rule When a Party is Represented By Counsel Other instances vitae direct service upon te party may be ocdered ‘SECTION 4 PAPERS REQUIRED TOBE FILED AND SERVED SECTION 3. MANNER OF FILING SECTION 5 MODES OF SERVICE SECTION 6. PERSONAL SERVICE SECTION 7. SERVICE BY MAIL SECTION 6. SUBSTITUTED SERVICE Personal Service ‘Service by Mail ‘Subethuted Service SECTION 9, SERVICE OF JUDGMENT, FINAL ORDERS OR RESOLUTIONS. SECTION 10. COMPLETENESS OF SERVICE 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |v TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 11, PRIORITIES IN MODES OF SERVICE AND FILING SECTION 12, PROOF OF FILING. SECTION 13, PROOF OF SERVICE Proof of personal service roof of service by registered mall Proof of service by orginary mal Service of Papers distinguished ftom Service of Final Orders, Judgments and Resolutions Service of judgments, finals orders, or resolutions SECTION 14, NOTICE OF LIS PENDENS A notice of fs pendens is proper in the folowing cases DBoctiine of ie pondons haa ne application inthe fovowing cases Cancellation of Notice of Lis Pendens RULE 14: SUMMONS ..... Is there a need for new summons ia compiain\ fs amended balore detendant’s appearance in cout? What fan adotional defendant ls joned inthe acton? Purpose of Summons A. hetions in Personam B__ Actions in Rem and Quasi in Rem ‘SECTION 1 CLERK TO ISSUE SUMMONS. SECTION 2. CONTENTS SECTION 3. BY WHOM SERVED SECTION 4. RETURN : SECTION 5. ISSUANCE OF ALIAS SUMMONS. Modes of Service of Summons A” Service in person on defendant 8. Substituted Service ._ Meaning of Residence Meaning of Ofice or Regular Pace of Business Roqusies ofa valid substituted service Meaning of Person of Suitable Age and Discretion” Etfect ifthe Defendant does Not Actually Receive the Summons ‘When the Defendant Provanta Service of summons BD.” Pubication Constructive Service by Publication ‘Conversion of an action ia pereanam into an action in rem ‘Senco of Summons on Diferent Entities SECTION 14, SERVICE UPON DEFENOANT WHOSE IDENTITY OR WHEREABOUTS ARE UNKNOWN SECTION 15. EXTRATERRITORIAL SERVICE SECTION 16. RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES SECTION 17. LEAVE OF COURT SECTION 18. PROOF OF SERVICE SECTION 19. PROOF OF SERVICE BY PUBLICATION SECTION 20. VOLUNTARY APPEARANCE. Instances of actions amounting to voluntary appearance RULE 15: MOTIONS SECTION 1. MOTION, DEFINED. Diflerence between a Pleading and a Motion ‘Kinds of Motions. SECTION 2. MOTION MUST BE IN WRITING SECTION 3. CONTENTS Contents of a Motion SECTION 4, HEARING OF MOTION SECTION 5, NOTICE OF HEARING SECTION 6, PROOF OF SERVICE NECESSARY Requisites of a Motion Exceptions tothe Three-Day Notice Rule [Necessity of Notice and Hearing SECTION 7. MOTION DAY SECTION &. OMNIBUS MOTION ‘Omnibus Motion Rule ‘SECTION 8. MOTION FOR LEAVE SECTION 10. FORM: RULE 16: MOTION TO DISMISS... SECTION 1. GROUNDS: Fle on Hypothetical Admission Lack of Jurtdietion over the Person ofthe Defending Party {Lack of Junedction over the Subject Matter tis Pendentia Reequistes of Lis Pendentio Res Jucioola Reequisites of Res Judicata : vi 2018 SAN BEDA CENTRALIZED BAR OPERATIONS TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Preserition| Pleading Asserting a Claim States No Cause of Action ‘Gta of Demand has been Pald, Waived, Abandoned, or otherwise Extinguished Condition Precedent for Fling the Claim Has Not Baen complied with Condition precedent SECTION 2. HEARING OF MOTION SECTION 3. RESOLUTION OF MOTION Order Denying a Motion to Dismiss SECTION 4, TIME TO PLEAD SECTION 6, EFFECT OF DISMISSAL, SECTION 6, PLEADING GROUNDS AS AFFIRMATIVE DEFENSES RULE 17: DISMISSAL OF ACTIONS ..... SECTION 1, DISMISSAL UPON NOTICE BY PLAINTIFF Two Dismissal Rule SECTION 2. DISMISSAL UPON MOTION OF PLAINTIFF SECTION 3. DISMISSAL DUE TO FAULT OF PLAINTIFF ‘Grounds for Dismissal "Non prosequitur ‘The complaint may be dismissed: SECTION 4, DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM, OF THIRD-PARTY COMPLAINT RULE 18: PRE ~ TRIAL .. SECTION 1. WHEN CONDUCTED. Duly ofthe Plaintit to Move thatthe Case be Set for Pre-Trial Conference AM. 09-1-09-8¢ SECTION 2. NATURE AND PURPOSE SECTION 3. NOTICE OF PRE-TRIAL. SECTION 4. APPEARANCE OF PARTIES ‘The nor-appearance of a party may be excused SECTION 5. EFFECT OF FAILURE TO APPEAR The failure ofthe plain to appear ‘The falue ofthe defendant to appear SECTION 6. PRE-TRIAL BRIEF Filing of Pre-Trial Brie! CContonis of Pre-Trial Brot SECTION 7, RECORD OF PRE-TRIAL, CONTENTS OF PRE-TRIAL ORDER, Function of Pre-Telal Order General Applicability ofthe Rules of Chl Procedure Governing Pre-Trials in Summary Procedure and Small Cisims Cases Surmmary Procedure ‘Small Claims Cases RULE 19: INTERVENTION Purpose Kinds of intervention SECTION 1, WHO MAY INTERVENE Reequisttes for intervention Remedy forthe Denil of Motion to Intorvane SECTION 2. TIME TO INTERVENE ‘SECTION 3. PLEADINGS.IN-INTERVENTION ‘SECTION 4 ANSWER TO A COMPLAINT-ININTERVENTION Remedies or the Improper Denial of a Motion for Intervention Remedy for an lmproper Granting of Motion for Intervention RULE 20: CALENDAR OF CASES SECTION 1. CALENDAR OF GASES Preference shall be given to SECTION 2. ASSIGNMENT OF CASES RULE 21: SUBPOENA .. Dileence betwesn Subpoena and Summons SECTION 1, SUBPOENA AND SUBPOENA DUCES TECUM {This process may require the witness fo attend anc to tesify and bing books or decuments at any ofthe fofowing circumstances SECTION 2. BY WHOM ISSUED. ‘Tho subpoona may be issued by the Subposne to a Prisoner ‘SECTION 3. FORM AND CONTENTS. ‘A subpoena shall Roquistes for Issuance of Subpoena Duces Tecum SECTION 4, QUASHING A SUBPOENA Subpoena duces tecu ‘Suppoona ad tostfeandum SECTION 5. SUBPOENA FOR DEPOSITIONS. SECTION 6 SERVICE 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | vi TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Rules on Service of Subpoena SECTION 7, PERSONAL APPEARANCE IN COURT SECTION 8. COMPELLING ATTENDANCE SECTION 9. CONTEMPT ‘General Rule: Consequences of Failure to Attend or Obey 3 Subpoena ‘SECTION 10, EXCEPTIONS. RULE 22: COMPUTATION OF TIME .. SECTION 1. HOW TO COMPUTE TIME Exceptions SECTION 2. EFFECT OF INTERRUPTION RULES OF DISCOVERY Purposes of Discovery Procedures ‘The Rules on Discovery are ntenced Discovery Stil Applies Evon If Motion for Bil of Particulars Denied Duty ofthe Court in Relation fo the Mades of Discovery Modes of Discovery under the Fules of Court ‘Aopcabiity of Modes of Discovery to Criminal Actions ‘Deposition of Dafense Witnesses Residing Abroad Doctrinal Pronouncemants in People v. Webb and Gov. People RULE 23: DEPOSITIONS PENDING ACTIONS .. opostions Depositons different rom afaavis Dual Function of Depestions I deposition s availed of as a mode of ciscovery Ifthe purpose s only for use as testimony CCaceiicaion of Depositons SECTION 1. DEPOSITIONS PENDING ACTION, WHEN MAY BE TAKEN When taken A By Leave of Court B,_ Without Leave of Court ‘Wese deposition may be taken “Two medes of deposition taking SECTION 2. SCOPE OF EXAMINATION ‘The deponent may be examined on all matters ther Privieged Communications SECTION 3. EXAMINATION AND CROSS-EXAMINATION SECTION 4, USE OF DEPOSITIONS Grcunstances where deposition f any witness may be used for any purpose Where dopostions may bo usod Deposition may be usod against @ party who was. SECTION 5. EFFECT OF SUBSTITUTION OF PARTIES. SECTION 6. OBJECTIONS TO ADMISSIBILITY SECTION 7. EFFECT OF TAKING DEPOSITIONS SECTION 8. EFFECT OF USING DEPOSITIONS SECTION 8, REBUTTING DEPOSITION SECTION 10. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN WITHIN THE PHILIPPINES SECTION 11. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN IN FOREIGN COUNTRIES SECTION 13. DISQUALIFICATION BY INTEREST ‘SECTION 14. STIPULATIONS REGARDING TAKING OF DEPOSITIONS Betore whom taken A. Wihin the Philippines 8. Outside the Philippines [No deposition sal be taken before a person whois SECTION 12. COMMISSION OR LETTERS ROGATORY Commission Letters Rogatory Difference between Commission and Letters Rogatory ‘SECTION 18. DEPOSITION UPON ORAL EXAMINATION: NOTICE; TIME AND PLACE ‘SECTION 16. ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS. ‘SECTION 17, RECORD OF EXAMINATION; OATH; OBJECTIONS, ‘SECTION 20. CERTIFICATION AND FILING BY OFFICER SECTION 21, NOTICE OF FILING SECTION 22, FURNISHING COPIES Duties ofthe Oricer Taking the Deposition upon Oral Examination SECTION 18, MOTION TO TERMINATE OR LIMIT EXAMINATION, SECTION 19, SUBMISSION TO WITNESS, CHANGES: SIGNING SECTIONS 23, FAILURE TO ATTEND OF PARTY GIVING NOTICE SECTION 24. FAILURE OF PARTY GIVING NOTICE TO SERVE SUBPOENA Difference batwoon Sec. 29 and Soc. 24 SECTION 25, DEPOSITION UPON WRITTEN INTERROGATORIES; SERVICE OF NOTICE AND OF INTERROGATORIES ‘SECTION 26. OFFICERS TO TAKE AND PREPARE RECORD vi | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS. TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 27, NOTICE OF FILING AND FURNISHING OF COPIES. SECTION 28. ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS, SECTION 29. EFFECT OF ERROR AND IRREGULARITIES IN DEPOSITIONS. RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEAL. . 107 Purpose SECTION 1. DEPOSITION BEFORE ACTION; PETITION Avalabitty in Criminal Cases SECTION 2 CONTENTS OF PETITION SECTION 3, NOTICE AND SERVICE. SECTION 4 ORDER AND EXAMINATION SECTION 5 REFERENCE TO COURT ‘SECTION 6. USE OF DEPOSITION. ‘SECTION 7. DEPOSITIONS PENDING APPEAL 109 RULE 25: INTERROGATORIES TO PARTIES .. Purpose of Interogatons to Parton SECTION 1 INTERROGATORIES TO PARTIES; SERVICE THEREOF SECTION 2. ANSWER TO INTERROGATORIES Datautt SECTION 3, OBJECTIONS TO INTERROGATORIES SEGTION 4. NUMBER OF INTERROGATORIES. SECTION 5. SCOPE AND USE OF INTERROGATORIES SECTION 6. EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES RULE 26: ADMISSION BY ADVERSE PARTY ... SECTION 1, REQUEST FOR ADMISSION Purpose ‘When request is made SECTION 2. IMPLIED ADMISSION Doferment of Compliance SECTION 3. EFFECT OF ADMISSION SECTION 4. WITHDRAWAL. SECTION 5, EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR ADMISSION RULE 27: PRODUCTION OR INSPECTION OF DOCUMENT OR THINGS SECTION 1. MOTION FOR PRODUCTION OR INSPECTION: ORDER Requistes Production of Documents RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS ‘SECTION 1. WHEN EXAMINATION MAY BE ORDERED SECTION 2. ORDER FOR EXAMINATION SECTION 3. REPORT OF FINDINGS ‘SECTION 4, WAIVER OF PRIVILEGE RULE 29: REFUSAL TO COMPLY WITH MODES OF DISCOVERY SECTION 1. REFUSAL TO ANSWER SECTION 2. CONTEMPT OF COURT SECTION 3, OTHER CONSEQUENCES ‘SECTION 4. EXPENSES ON REFUSAL TO ADMIT ‘SECTION 5. FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS 116 SECTION 1. NOTICE OF THiAL SECTION 2. ADJOURNWENTS AND POSTPONEMENTS SECTION 3, REQUISITES OF MOTION TO POSTPONE TRIAL FOR ABSENCE OF EVIDENCE Requstes Nomappicebitty io erminal cases SECTION 4. REQUISITES OF MOTION TO POSTPONE TRIAL FOR ILLNESS OF PARTY OR COUNSEL Requistes: Hotlon for Continuance or Postponement Nota Matter of Right SECTION 5. ORDER OF TRIAL Order of Teal May the court change the ordor ofl Reverse Ordo of Ta When propor Preliminary hearing of afmative defenses under ROC Rule 16, Sec. 6s not the ful-bown tral contemplated under this Fule Ingtances where the cour! may allow presentation of evidence-in-chiet during te presentation of rebuttal evidence: SECTION 6. AGREED STATEMENTS OF FACT May the stipulation of facts be made orally in criminal cases Applicaton of SOF In Givi and Criminal Cases: Distinguishes 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | ix TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 7, STATEMENT OF JUDGE SEGTION 8, SUSPENSION OF ACTIONS SECTION 8, JUDGE TO RECEIVE EVIDENCE; DELEGATION TO CLERK OF COURT Hottub hearing RULE 31: CONSOLIDATION OR SEVERANCE, SECTION 1, CONSOLIDATION "When may the court arder consolidation of several actions pending before it Requistes for Consolidation May there be a consolidation of cases ponding before efferent branches ofthe court May there be a consoldation of eases which are pending befor® cours stunted in clferont judicial districts Purpose for Consolidation ‘Three Waye of Consolidating Cases SECTION 2, SEPARATE TRIALS Purpose ‘Severance in relation to misjinder f causes of action Severance in relation to separate judgments 122 RULE 32: TRIAL BY COMMISSIONER SECTION 1. REFERENCE BY CONSENT SECTION 2: REFERENCE ORDERED ON MOTION SECTION 3. ORDER OF REFERENCE; POWERS OF THE COMMISSIONER CContonts ofthe Order of Reference Powers of Commissioner ‘SECTION 4. ORTH OF COMMISSIONER SECTION 5, PROCEEDINGS BEFORE THE COMMISSIONER. SECTION 6, FAILURE OF PARTIES TO APPEAR SEFORE CONMISSIONER SECTION 7. REFUSAL OF WITNESS. SECTION & COMMISSIONER SHALL AVOID DELAYS SECTION 9. REPORT OF COMMISSIONER. Difference between Rule 30, Seo, 9 and Rule 32 SECTION 10, NOTICE TO THE PARTIES OF THE FILING OF REPORT Upon the fling ofthe report ofthe commissioner SECTION 11. HEARING UPON REPORT SECTION 12. STIPULATIONS AS TO FINDINGS SECTION 12. COMPENSATION OF COMMISSIONER. 124 RULE 33: DEMURRER TO EVIDENCE .. SECTION 1, DEMURRER TO EVIDENCE Domurer to Evidence ‘What isthe diffrence between failure to state a cause of action as a ground for a motion to dismiss under Rule 16, See. 1(g) and lack of ‘calito of acton as a ground for gmissal rough a motion for ermurrer to ovidenco? Nature Purpose: Difference between Rule 39 and Rule 16 Effoct of Denial or Granting ofthe Motion for Demurrer to Evidence Difference Between Demurrer to Evidence in Civil and Criminal cases 125 RULE 34: JUDGMENT ON THE PLEADINGS. What is meant by “Yas to tender an issue" and “otherwise admits the material silogeiions ofthe adverse partys pleading?” SECTION 1, JUDGMENT ON THE PLEADINGS. ‘Allegations Not Deemed Admitted by Fing of Judgment on the Pleadings: Grounds for Judgment on the Pleadings. Tet proper forthe court to render a judgment on the pleadings af once when only afirative defenses are raised in the answer? No Judgment on the Pleadings in Actions for Difference betwoen Rule 16 and Rule 34 17 RULE 35: SUMMARY JUDGMENTS. Concept of a Judgment without ta Purpose for Summary Judgment When isan Issue considered sham ‘Sections 1 & 2. Summary hadgment for claimant; Summary judgment for defending party Who ean fie Section 3. Motion and proceedings thereon Purpose and importance of folowing the proceedings Section 4 Case nol fully adjudicated on maton ‘What call be cone by the court ifthe ease isnot fully adjudged upon motion for summary judgment ‘Section 5. Form of affidavits and supparing papers ‘Supporting and opposing affidavits must Section 6, Affidavits bad fath OR SOLELY FOR PURPOSES OF DELAY Sanctions Bates of Summary Judgment x1 2018 SAN BEDA CENTRALIZED BAR OPERATIONS, TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 . 129 RULE 36: JUDGMENTS, FINAL ORDERS, AND ENTRY THEREOF Final judgment or order Contents ofa Judgment ‘SECTION 1. RENDITION OF JUDGMENTS ANO FINAL ORDERS Rendition of judgment Reason for rendition of judgment Requistes of a Vaid Judgment Formal Requistes Substantive basis Conequence of non-compliance Kings of dagen

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