Remedial Law Contents.docx

8/12/2019 Remedial Law Contents.docx

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Remedial Law Contents

PreliminariesRemedial LawRemedial Law Vs Substantive LawMain Divisions Of Remedial LawWhat Are The Sources Of Remedial Law?Differentiate: Civil Actions, Special Proceedings, Criminal ActionsConstitutional Provisions Relating To Civil ProcedureWhat Those Other Courts Are As May Be Established By Law?

Civil Procedure ProperJurisdictionGeneral JurisdictionSpecial Or Limited Jurisdiction

Concurrent / Confluent / Coordinate JurisdictionOriginal JurisdictionExclusive Jurisdiction

Exclusive Original JurisdictionTerritorial JurisdictionDelegated JurisdictionDoctrine Of Primary JurisdictionCoordinate Jurisdiction

Appeal By Certiorari Vs. Petition For Certiorari

Supreme CourtOriginal Jurisdiction Of The Supreme

Appellate Jurisdiction Of The Supreme CourtAdministrative Supervision Of The Supreme CourtCa Decisions

Court Of AppealsOriginal Jurisdiction / Original Concurrent JurisdictionExclusive Original Jurisdiction

Appellate Jurisdiction

RTCExclusive Original JurisdictionConcurrent Original Jurisdiction

Appellate Jurisdiction

MTC

Summary ProcedureWhy The Need To Discuss Jurisdiction?Commencement Of A Civil ActionJurisdiction Over PlaintiffJurisdiction Over DefendantJurisdiction Over Subject Matter


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Jurisdiction Over The IssueJurisdiction Over The Res

ActionAction Vs. Cause Of Action Vs. Right Of ActionKinds Of ActionsReal ActionPersonal ActionMixed Action

Action In RemAction In PersonamAction Quasi In RemPersonal Action Vs Action In PersonamMixed Action Vs Action Quasi In RemReal Action Vs Action In Rem

PleadingComplaint

AnswerInitiatory PleadingResponsive Pleading

Flow of Civil Procedure

I - Barangay Conciliation ProceedingsGeneral Rule With Respect To Barangay Conciliation ProceedingsExceptionsPurpose

VenueRules On AppearanceEffect Of Amicable Settlement And Arbitration AwardRules On Execution Of JudgmentRemedies Of The Parties In Case Of Failure Of Amicable Settlement Before The LuponRemedy In Case Of Failure To Comply With Barangay ConciliationMotion To Dismiss Was Granted, Remedy Of Plaintiff?Motion To Dismiss Was Denied, Remedy Of Defendant?Notice Of Lis Pendens

II - ComplaintComplaintUndergone Barangay Conciliation ProceedingsJurisdictionSummary Procedure:Rules On VenueIf The Venue Is Permissive

Action Was Filed In The Wrong VenueThe Motion Was Granted (Court Issues Not A Judgment But An Order). Counsel ForPlaintiff. Remedy?


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Motion To Dismiss Was Denied. Remedy For Defendant?

PartiesPlaintiffDefendant3rd Party PlaintiffCross ClaimantReal Party In InterestIndispensable PartyNecessary PartyWho Is A Proper Party?Representative PartyPro Forma PartyQuasi PartyJoinder Of Parties

Cause Of ActionElements

Joinder Of Causes Of ActionSplitting A Single Cause Of ActionSupposing, The Plaintiff Split A Single Cause Of Action, Remedy?

Parts Of A pleadingIs A Jurat A Part Of A Pleading?What Are The Pleadings That Need To Be Verified?Pleadings Not Required Be Verified In The Manner And Form Prescribed By S4 Of ThisRule But The Same Must Be Under OathPleadings Or Motion With Affidavit Or Affidavits Of MeritDoes The Answer Need To Be Verified?If The Pleading Is Not Verified, As Counsel For Plaintiff, Remedy?Who Can Verify A Pleading?Who May Sign Verification?How About An Authorized Representative? Can He Verify?Certification Against Forum ShoppingPleadings Requiring Certification Against Forum ShoppingWhat Is Stated In Certification Against Forum ShoppingFailure To Attach Certification Against Forum ShoppingSubmission Of A Falser Certification Or Non Compliance Of Any Of The UndertakingsTherein

Willful and Deliberate Forum ShoppingRemedies In Case Of Failure To Attach Certification Against Forum ShoppingMotion To Dismiss Was Granted, Remedy?If The Plaintiff Committed Willful And Deliberate Forum Shopping, And The ComplaintWas Dismissed, Remedy?

Define, Enumerate, Each Pleadings:Complaint (R6 S3)Counterclaim (R6 S6)Compulsory Counterclaim (R6 S7)


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Permissive Counterclaim (R6 S7)Cross Claim (R6 S8)3rd 4th Etc Party Complaint (R6 S11)Complaint In Intervention (R19 S1)

Answer In Intervention (R19 S3)Answer (R6 S4)Counter Counterclaim (R6 S9)Counter Cross-claimCounterclaimCross ClaimThird Party ComplaintComplaint In Intervention

Provisional RemediesPreliminary Attachment (Rule 57)

When FiledGrounds For Preliminary AttachmentRequirements

How AppliedStagesRemedy In Case Of Issuance Of Writ Of AttachmentWrit Of Preliminary Attachment Vs. Writ Of Replevin

Preliminary Injunction (Rule 58)InjunctionPreliminary InjunctionPreliminary Mandatory InjunctionWrit of Preliminary Injunction Vs. TroGroundsHow to AvailEffect of Failure To Comply With Sections, 4, 5, 6 Of Rule 15?Status Quo OrderRemedies In Case Of Preliminary InjunctionProhibitory Injunction Vs. ProhibitionMandatory Injunction Vs. Mandamus

Receivership (Rule 59)Where AppliedGrounds

RequirementsGeneral Powers Of ReceiverTermination Of Receivership; Compensation Of Receiver

Replevin (Rule 60)Jurisdiction/VenueRequirements

Support Pendente Lite (Rule 61)Where Filed?


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When Available?

Special Civil ActionsInterpleader (Rule 62)Interpleader Vs Intervention

ApplicationVenue

Declaratory Relief And Other Similar Remedies (R63)Jurisdiction/VenueRequirements

Review Of Judgments And Final Orders Or Resolutions Of The Comelec AndCommission On Audit (Rule 64 [But Applying Rule 65])Constitutional Basis

CoverageGrounds For DismissalRule 65 Vs Rule 64

Rule 43 Vs Rule 64

Certiorari, Prohibition, Mandamus (Rule 65)Constitutional BasisMaterial Dates RuleError Of Jurisdiction Vs. Error Of JudgmentRequirementsWhen And Where To File The PetitionMotion For Reconsideration Based On Rule 65 Vs. Rule 37

Quo Warranto (Rule 66)Quo Warranto Under Election Code Vs Quo Warranto Under Rule 66

Expropriation (Rule 67)Constitutional Basis

VenueRemedy Of Person After Expropriation, No Payment Made

Foreclosure Of Mortgage (Rule 68)MannerJurisdiciton/Venue

ClassificationRight Of Redemption Vs. Equity Of Redemption

Partition (Rule 69)Classes Of Partition

VoluntaryCompulsory

Kinds Of PartitionTotal


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PartialProvisionalDefiniteJudicialExtrajudicialJurisdiction/Venue

Forcible Entry And Unlawful Detainer (Rule 70 In Relation To Rules OnSummary Procedure)3 Kinds Of Recovery Of Real PropertyFe Vs UdJurisdiction/VenuePertinent Provisions Of The Rules On Summary ProcedureProhibited Pleadings And Motions

Contempt (Rule 71)2 Classifications Of ContemptDirect Contempt

Acts CoveredIndirect Contempt

Acts CoveredRemedyDc Vs IcNotice Of Lis PendensFiling And Service Of The PleadingWhat Are The Papers Required To Be Filed And Served Under Rule 13?What Are The Modes Of Service Of Pleading? (R13 S5)When Is Service Deemed Completed?What Is Constructive Service Of Pleading?If You Cannot Pay Docket Fees, Remedy?

III - Service Of SummonsOffice Of The Clerk Of Court Vs. Branch Clerk Of Court2 Kinds Of SummonsOriginal Summons

Alias SummonsSummons Vs. SubpoenaHow To Serve Summons?Service In Person On Defendant (R14 S6)

Tendering Summons To Defendant (R14 S6)Substituted Service Of Summons On Defendant (R14 S7)To Whom Served / How?How Is A Person Deemed Of Suitable Age And Discretion?Service By Publication In A Newspaper Of General CirculationCan There Be Personal Service Of Summons In In Rem Actions?Substituted Vs. Extraterritorial Service Of SummonsDefective Service Of Summons, RemedyTo Whom Summons Are Made?Ordinary Defendant


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Upon PrisonersUpon Minors And IncompetentsUpon Domestic Private Juridical EntityService Upon Foreign Private Juridical EntityService Upon Public CorporationsService Upon Defendant Whose Identity Or Whereabouts Are UnknownExtraterritorial ServiceUpon Residents Temporarily Out Of The PhilippinesTo Implement, Serve SummonsExceptions To Service Of SummonsCan The Court Dismiss A Case Motu Proprio For Lack Of Jurisdiction Over The Person OfThe Defending Party For Defective Service Of Summons?

IV. Refer To The Following:

Motion To Dismiss (Rule 16)GroundsRules On Motion

Litigated Vs. Non-litigated MotionWhat Are The Kinds Of Motions?Motion Ex Parte / Non Litigated MotionMotion Of CourseLitigated MotionSpecial MotionExamples Of Litigated Motions:Examples Of Non-litigated MotionsMotions That Need To Be VerifiedMotion For Bill Of Particulars (R12)Mbp In Civil Procedure Vs. Criminal ProcedureWhen Do You File Bill Of Particulars?Requirements For Filing Bill Of ParticularsThe Motion For Bill Of Particulars Is Denied. Remedy?Effect Of Order Of Failure To Comply To File Bill Of Particulars

Motion To Amend The Pleading (Rule 10)Kinds Of Amendments

Amendment As A Matter Of Right: (R10 S2)Amendment By Leave Of Court: (R10 S3)

Formal Amendments (R10 S4)Amendments To Conform Or To Authorize Presentation Of Evidence (R10 S5)Substantial Amendments

Amendment To Confer JurisdictionAmended Vs. Supplemental PleadingIs There Amendment Of The Pleading In Summary Procedure?

Motion For Extension Of Time To File Responsive Pleading (Rule 11)Summary Judgment (Rule 35)


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Order Of Default / Judgment By Default (Rule 9)Requirements For Declaration Of DefaultDoctrine Of Hierarchy Of CourtsEffect Of Order Of DefaultSummary ProceedingsRemedies Before Judgment Becomes Final And ExecutoryRemedies After Finality Of Judgment

V - Filing Of AnswerWhat Are The Responsive Pleadings?Discuss The Periods To Answer To Responsive Pleadings Under Rule 11 Of The Rules OfCourt

Answer To The Original ComplaintCompulsory Counterclaim

Answer To Permissive Counterclaim

Answer To Cross ClaimAnswer To 3rd 4th Etc Party ComplaintAnswer To Complaint In Intervention

ReplyAnswer To Amended ComplaintAmended CC, Amended 3,4, etc PC, Amended CIIAnswer To Supplemental ComplaintRejoinderDefenses and DenialsWhat Are The Types Of Defenses?Negative Defense

Affirmative DefenseKinds Of DenialsSpecific Absolute DenialPartial Specific DenialDisavowal Of Knowledge

VI. Modes Of DiscoveryDepositions Pending Action (R23)Depositions Before Action Or Pending Appeal (Rule 24)Interrogatories To Parties (R25)

Admission By Adverse Party Under Rule 26Production Or Inspection Of Documents Or Things Under Rule 27Physical And Mental Examination Of Persons Under Rule 28

Production Or Inspection Of Documents Vs. SubpoenaProduction Or Inspection Of Documents Vs. Original Of Evidence In The Custody Of

Adverse PartyPhysical And Mental Examination Of Persons Vs. Hospitalization Of Insane Persons

Motion To Dismiss By Plaintiff (Rule 17)GroundsDismissal Upon Notice By Plaintiff (R17 S1)Dismissal Upon Motion By Plaintiff (R17 S2)Dismissal Due To Fault Of Plaintiff, When For Justifiable Cause


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What Is The 2 Dismissal Rule?ElementsEffectsExceptionsNature Of Dismissal Of Actions Under Rule 17Upon Notice By PlaintiffUpon Motion Of PlaintiffDue To Fault Of PlaintiffWhat Are Your Remedies, As Plaintiff, In Such Cases?

Judgment On The Pleadings (Rule 34)GroundsExceptions

Allegations Not Deemed AdmittedJop Vs. Summary Judgment

VII. Reply (R6 S10)

VIII. Rejoinder

IX. Pre Trial (Rule 18)PT In Civil Vs. CriminalPurposesPre Trial BriefRequisites For Appearance At The Pre TrialEffects Of Failure To Appear At The Pre TrialPlaintiff Fails To AppearDefendant Fails To AppearRemedies In Case Of Failure To Appear By Plaintiff / DefendantWhen Defendant Fails To Appear, 4 Scenarios Are ContemplatedOrder Allowing Plaintiffs Presentation Of Evidence Ex PartePresentation Of Evidence Ex ParteBefore Judgment Becomes Final And Executory

After Judgment Becomes Final And ExecutoryPre Trial Order

X. TrialProponents / Plaintiffs Testimonies And Evidence In Chief As Well As ThatOf Witnesses

Order Of TrialDirect ExaminationCross ExaminationRe Direct ExaminationRe Cross ExaminationOffer Of Testimony Vs. Offer Of EvidenceEvidence In ChiefOffer Of EvidenceComment Or ObjectionOrder Of Admission/Exclusion Of Evidence


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Tender Of Excluded EvidenceDemurrer To Evidence (Rule 33)D2E Vs Motion To DismissD2E In Civil Vs. Criminal

Defendants Evidence In ChiefDirect ExaminationCross ExaminationRedirect ExaminationRecross ExaminationFormal Offer Of EvidenceCommentObjectionTender Of Excluded EvidenceDefendant Rests Its Case

Rebuttal EvidenceSur Rebuttal Evidence

Memorandum

XI. Judgment (Rule 36)Kinds Of JudgmentsJudgment Upon A CompromiseJudgment Upon ConfessionJudgment By Cognovit ActionemJudgment By Confession Relicta VerificationeJudgment By Confession Relicta VerificationeClarificatory JudgmentJudgment Non Pro TuncJudgment Sin PerjuicioJudgment By Default (R9 S3)Judgment On The Pleadings (R34)Summary Judgment (R35)Several JudgmentSeparate JudgmentSpecial JudgmentJudgment For Specific ActsJudgment On Demurrer To EvidenceConditional Judgment

Final JudgmentAmended JudgmentSupplemental JudgmentConclusiveness Of JudgmentRes JudicataStare DecisisObiter DictumLaw Of The Case

Motion For Clarificatory Judgment


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XII. Remedies Before Judgment Becomes Final And Executory1. Motion For Reconsideration (Rule 37)2. Motion For New Trial (Rule 37)3. Reopening Of Trial (Civil In Relation To Criminal Procedure-r119 S24)4. Appeal (Rules 40-43, 45)

MTC DecisionsRTC Decisions In Exercise Of Original Jurisdiction

Remedies After Judgment Becomes Final And Executory1. Petition For Relief From Judgment (Rule 38)2. Petition For Annulment Of Judgment (Rule 47)3. Certiorari Under Rule 654. Collateral Attack

XIII. Execution Of JudgmentThe Writ Of Execution Is Issued In The Name Of Rp And Shall StateWhen Proper To Quash Writ Of Execution

Exception To The Matter Of Right On Part Of Winning Party (Execution), And CourtCannot RefuseException To The Dispositive Portion Of Decision Is The Part That Becomes Subject OfExecutionDiscretionary Execution Vs Execution As A Matter Of RightDiscretionary Execution

a. Execution Of A Judgment Or A Final Order Pending Appealb. Execution Of Several, Separate, Or Partial Judgments

Supersedeas BondRemedy In Case Of Execution As Matter Of DiscretionJudgments Not Stayed By AppealExecution By Motion Or Independent ActionModes Of EnforcementRevival Of Judgment Under Section 6 Vs. Section 34

Attachment Vs. GarnishmentExecution Of Judgments For Specific ActProperty Exempt From ExecutionRemedies Of 3rd Party ClaimantOrdinary Sale On Execution Vs. Sale In Judicial Foreclosure Of MortgageProof Required Of RedemptionRights Of Judgment Debtor

Remedies Of Judgment Creditor In Aid Of ExecutionEffect Of Judgment Or Final OrderBar By Former Judgment Vs. Conclusiveness Of JudgmentEffect Of Foreign Judgment Or Final Orders2 Ways Of Giving Effect To A Foreign Judgment


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SPECIAL PROCEEDINGS

Preliminary Considerations1970 Bar: Distinguish Special Proceedings From Criminal Procedure And Ordinary Civil

ActionSources of Special ProceedingsConstitutional ProvisionsWhat Are The Special Proceedings?Certain Proceedings Not Mentioned Are Considered As Special ProceedingsNature of Special ProceedingsWhat Rule Governs Special ProceedingsWhat Are Those Specific Provisions In Civil Procedure Which Also Apply To SpecialProceedings?Can The RTC-manila Entertain Petition For Probate of The Will If The Deceased Died InQuezon City?

Settlement of Estate of The Deceased, Being Adversarial In Character, Is Demurrer ToEvidence Allowed?Jurisdiction

Can The Court Dismiss The Petition Motu Proprio For Lack of Certification AgainstForum Shopping?

Settlement of The Estate of The Deceased (Rule 73-90)Jurisdiction (Bp129 Ra7691)1997 Bar: The Gross Estate of The Deceased Is 200k, The Property Is In Pampanga.Determine The Jurisdiction And The Venue.

VenueModes of Settlement of Estate of The DeceasedKinds of Settlement of Estate of The DeceasedWhat Is A Newspaper of General Circulation?Remedies of Those Aggrieved By Extrajudicial Settlement

Extrajudicial Settlement of Estate of The Deceased (R74 S1)Protections Accorded To Those Unduly Deprived

Settlement of Estate of The Deceased of Small Value

Liabilities of Distributees of Estate (Rule 74 S4)Properties Subject To Settlement of Estate of The DeceasedNature of Probate Proceedings

Why The Need To Probate Will?What Is A Will?2 Kinds of WillProcedural RequirementsUncontested Notarial WillUncontested Holographic WillContested Notarial WillContested Holographic WillNotarial WillWho May File Petition For Probate of A Will?


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If Testator Is The One Who Filed, What Is The Quantum of Proof Required?What Are The Powers of The Probate Court?Exception To The General Rule That The Probate Court Has No Power To DetermineIssues of OwnershipGrounds For Disallowance of A Will (Important: Lumalabas Sa Bar)Rule 76 S9In Case of Lost Or Destroyed Will, No Probate, Except As Provided In R76 S6: (NoteThis, Lumalabas To Sa Bar)How To / Who Can Prove Due Execution, Genuiness?If The Parties Subsequently File A Petition For Letters Testamentary Or of

Administration, Is It Considered As Initiatory Pleading?Is Oral Partition Valid Between Surviving Heirs?Can There Be Administrator In Case There Is A Will?Who Can Be Appointed Executor Or Administrator?

Reprobate of A Will (Note: Lumalabas To Sa Bar) Rule 77How To Prove?Requisites

Requisites To Be Appointed Executor (Rule 78 S4)Requisites To Be Appointed Administrator (Rule 79 S2)Powers of Executor Or Regular Administrator (R84 S1-3)

As Far As Executor Or Regular Administrator Is Concerned (N/A To SpecialAdministrator, Who Are Disqualified To Serve As Such? (R78 S1)What Is Moral Turpitude?What Are Crimes Involving Moral Turpitude?Removal of Executor Or Administrator, Grounds: (Rule 82 S2)Special Administrator, Instances When AppointedPowers of Special AdministratorRequisites In Case of Executor Or AdministratorIs There Any Instance When Executor Or Administrator Is Exempt From Filing Bond?Executor Or Administrator Was Appointed, Here Comes Heir, Now, Can The Heir FilePetition For Appointment of His Person As Administrator?

Inventories Rule 83Question On Rentals. Can It Be Filed By Mere Motion?Can Executor Or Administrator Be Made To Testify To Those Matters Relating ToExecutor By Deceased Before His Death?Principle of Statute of Non Claims

Claims Against The Estate (Relate To Rule 3 S16, Rule 3 S20if Dismissed,File Under Rule 86)Specific Claims Against Estate (Rule 86 S5)Question Regarding The Person Who Died In Accident, While Yung Nabangga NiyaSuffered Injuries. What Is The Remedy of The Latter?How To File Claim Against Estate (Rule 86 S9)Remedies of Mortgagee After Death of Mortgagor (Rule 86 S7)

Actions Against Estate of The Deceased (87 S1)How To File? Requirements (Rule 87 S10)


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Actions To Be Filed By Executor Or Administrator Against Third Person For Estate ofDeceasedConditions For Payment of Claims (Rule 88)Case Filed Against Executor Or Administrator In Another Court, And Without Consent ofThe Probate Court, The Executor Or Administrator Entered Into Compromise

Agreement.Notice of Lis PendensIs Notice of Lis Pendens Needed To Secure?

Sale, Encumbrance of Property of Estate: (Rule 89)When Sale of Property of Decedent May Be Effected/Instances/Requirements (Rule 89)Executor Or Administrator, In Case of Sale, Is Required To File Written Petition SettingForth (R89 S7)

Requirement For Advanced Distribution of Property (Rule 90 S1)

Escheat (Rule 91)Is It The Same As Reversion (R91 S5)?

Jurisdiction / Venue of Escheat ProceedingsEscheat Vs. Expropriation Vs. ReversionRemedies of Heir Unlawfully Deprived (File Within 5 Years From Judgment Or Else,Forever Barred)In Case of Adverse Decision On Escheat, Remedy

Guardianship (Rules 92-97, Guardianship of Incompetents; Am 3-2-5,Guardianship of Minors)Jurisdiction And VenueWho May Petition For GuardianshipKinds of GuardiansWho Are Minors? Incompetents?Who Can Be Guardians of A Minor?Duties of A GuardianRequirements For Sale Or Disposition of Properties of The WardGrounds For Termination of GuardianshipGrounds For Removal/Resignation of GuardianRemedies In Case of Mismanagement of Properties

Custody of Minors In Relation To Habeas Corpus Am 3-4-4-scJurisdiction/Venue

Mother And Grandparents, Or Husband And Wife. Who Has Better Right To Custody ofThe Child?Who May File Petition For Custody of Minors?Grounds For Denial of PetitionProtection Orders

Trusteeship (Rule 98)Jurisdiction/VenueElements Constituting A TrustRequisites For Trusteeship


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Adoption (Ra 8552- DAA; Ra8043- ICAA; AM 2-6-2- Rules On Adoption)Kinds of AdoptionJurisdiction / VenueWho May Adopt? Requirements? Who May Be Adopted?DAAICAAWho May Be Adopted?DAAICAASimulated BirthWho Are The Following?

Abandoned ChildNeglected Child

Voluntarily Committed Child

Involuntarily Committed ChildDependent ChildEffect of Adoption Decree

Abandoned / Neglected ChildInter Country AdoptionIcab

Annexes To Petition For ICA

Rescission/Revocation of Adoption (RAa 8552- DAA)Jurisdiction / VenueWho May FileWhen FiledEffects of Rescission Or Revocation of AdoptionCan Adoptive Parents File For Rescission of Adoption?What Then Can Be The Remedy of Adoptive Parents?

Hospitalization of Insane Persons (Rule 101)Jurisdiction / VenueWho May File?Hospitalization of Insane Persons Vs. Physical And Mental Examination of PersonsInsane PersonEffect of Granting Petition

Adverse Decision, Remedy

Habeas Corpus (Rule 102), Writ of Amparo (AM 7-9-12-SC), And Writ ofHabeas Data (AM 8-1-16-SC)Constitutional BasisHabeas Corpus/Writ of Habeas CorpusJurisdiction/Venue of Habeas CorpusWrit of Habeas Corpus, Under Rule 102, Applies To All Kinds of Illegal Restraint (ActualRestraint)When Can The Writ of Habeas Corpus Not Be Issued?

Amparo / Writ of Amparo (As Differentiated From Writ of Habeas Corpus As Amparo)Habeas Data


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Remedy In Case of Adverse Decision In Habeas CorpusRemedy In Case of Adverse Decision In Writ of Amparo / Writ of Habeas DataWhat Are The Kinds of Amparo?

Amparo Libertad / Liberty AmparoAmparo Contra Leyes / Constitutionality AmparoAmparo Casacion / Judicial AmparoAmparo Administrativo / Administrative AmparoAmparo Agrario / Agrarian AmparoPetition For Writ of AmparoProtection Orders / Interim Reliefs In Writ of AmparoWrit of Amparo Is Not A Substitute For Lost Appeal Or CertiorariPeremptory Writ of Habeas Corpus Vs. Preliminary CitationPreliminary CitationProhibited Pleadings Under Writ of Amparo/Habeas Data

Change of Name (Rule 103), Cancellation Or Correction of Entries In The CivilRegistry (Rule 108), And Clerical Error Act (RA 9048)Change of Name

GroundsChange of Name Vs. Correction of EntryGrounds For Correction of Entries Under R108Principle of Sexual Reassignment (Silverio Case)Principle of Intersex (Cagandahan Case)

Voluntary Dissolution of Corporations (Now Governed By Corporation Code,S118-119, BP68)Modes

Judicial Declaration of Minor Natural Children (Now Governed By FamilyCode)3 Kinds of Children

Constitution of The Family Home (Post-aug 3, 1988- Family Code; Before,Rule 106)Family HomeWhy The Need To Constitute?Instances When Is Family Home Not Exempt From Execution, Forced Sale, AttachmentCan The Family Home Be Subject To Partition?What Is Actual Residence?

Who Are The Beneficiaries of A Family Home?Is There A Need To File A Petition For Declaration of Family Home?

Declaration of Absence And Presumptive Death (Rule 107, Provisions of NCC)Declaration of Absence And DeathJurisdiction / VenueWhen? Who May Petition? What To Petition? Jurisdiction? Venue?What Are The Requirements?Contents of PetitionWhat Is The Purpose For Declaration of Absence?


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What Is The Period?Period When Declaration of Absence Takes Effect (107 S6)Remedy of A Person Declared Absent Upon ReappearanceEffect of Reappearance of Absent SpouseWhat Is The Nature of A Petition For Declaration of Presumptive Death?Do You Consider Declaration of Presumptive Death As A Special Proceeding?

Appeals In Special Proceedings (Rule 109)What Are Those Subject of Appeal?

Declaration of Nullity of Marriage, Annulment of Marriage, Legal SeparationDependent Personality DisorderPrinciple of Anti Social DisorderProvisional OrdersPetition For Declaration of Absolute Nullity of Void Marriages

Who May File?VenuePetition For Annulment of Voidable Marriages

Who May File?VenueContents And Form of PetitionWhat Are The Prohibited Compromises?Can You File Motion To Dismiss?What Is The Effect of Failure To Appear At The Pre Trial?Service of Summons

AnswerRemedies In Case of Adverse DecisionProvisional OrdersHold Departure Order

Protection Orders (Am 02-11-12-SC Rule On Provisional Orders In RelationTo RA 9262 Or The Violence Against Women And Children Act)Who May Issue?What Are Those Provisional Orders?Barangay Protection Orders (Bpos)Temporary Protection OrdersPermanent Protection OrdersWhere To Apply For A Protection OrderHow To Apply For A Protection Order

Acts Covered By Protection OrdersEffect of Being A Battered Wife In Case of The Children?


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Directly With MTC / MctcWith The City Prosecutor Or Ombudsman

Preliminary InvestigationWho May Conduct Preliminary Investigation?Procedure Before The City Prosecutor (Same Process If Before The Ombudsman) /Preliminary Investigation ProperIf The Prosecutors Decision Is ReversedPreliminary Investigation Before The OmbudsmanCan Preliminary Investigation Be The Subject of Injunction?When Person Is Deprived of His Right To Preliminary Investigation, What Are HisRemedies?

Direct Filing of The Complaint Or Information With The MTCComplaint Vs. Information

Affidavit of Complaint Vs. Criminal ComplaintWarrantless ArrestCustodial Investigation (Ra7438)

Custodial Investigation Vs. Preliminary InvestigationInquestRequisites For InquestInquest Vs. Preliminary InvestigationDifferentiate: Inquest, Custodial Investigation, Preliminary Investigation

Search And SeizureWhat Is A Search Warrant?Where Filed? (126 S2)Requisites For Issuance of Search Warrant (R126 S3)Probable CauseImplementation of Search Warrant (126 S8)Subjects of Search And Seizure (126 S3)Issuance of Receipt (And Listing In Inventory) By Implementing officer (R126 S11)Motion To Quash Search Warrant Or To Suppress; Where To File

Information Shall Be Filed In Court (R110 S4)Sufficiency of Complaint Or InformationRule 111 (Salient Provisions) Prosecution of Civil ActionDeath of The Accused (R111 S4)Bp 22 Cases

Prejudicial QuestionElements of Prejudicial QuestionSuspension By Reason of Prejudicial QuestionSuspension of Separate Civil Action (R111 S2)Independent Civil ActionCriminal Action Under The Direction of Public ProsecutorExceptions

Filing of Information, What Are The Corresponding Remedies?


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A. Motion To Suspend Arraignment Or Proceedings (Before Arraignment)B. Motion To Conduct Preliminary Investigation (Before Arraignment)

Motion RequirementsEffect of Failure To Comply With Sections, 4, 5, 6 of Rule 15?

Affidavit of Complaint

C. Motion To Quash (Before Plea)Form And ContentsGroundsExceptions To Double JeopardyProvisional Dismissal (R117 S8)Requisites For Provisional DismissalFailure To File Motion To Quash For Illegality of Arrest As Under R117 S3cMTQ Vs. D2E

MTQ Vs. Mtd

D. Motion For Amendment of The Information/Criminal Complaint (Before

Plea)Amendment Vs. SubstitutionRequisites of A Valid MotionBailConstitutional BasisInstances When Bail Can Be PostedForms of Bail (R114 S1)Conditions For BailKinds of BailCapital offenseFacts To Consider Amount of BailOrder of Confiscation of Bond Vs. Judgment On BondWhere FiledDeposit of Cash As BailCorporate SuretyQualifications of Sureties In Property BondRecognizanceWhen Bail Is Not Necessary

E. Motion For Bill of Particulars (Before Arraignment)MBP In Civ Pro Vs. Crim Pro

Are There Modes of Discoveries In Criminal Procedure?Requisites of A Valid Motion

Warrant of ArrestRemedies Before Issuance of Warrant of ArrestRemedies When Warrant of Arrest Was IssuedWarrant of Arrest Vs In Custody of The Law

Arrest, How MadeDuty of The Arresting officerExecution of Warrant


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Time of Making ArrestMethod of Arrest By officer By Virtue of WarrantMethod of Arrest By officer Without WarrantMethod of Arrest By Private Personofficer May Summon AssistanceRight of officer To Break Into A Building Or EnclosureRight To Break Out From Building Or Enclosure

Arrest After Escape Or RescueRight of Attorney Or Relative To Visit Person

Arraignment And PleaArraignmentConstitutional BasisWhere Arraignment Is Made/How Made?When Arraignment Is Held Within A Shorter Period

Rules On ArraignmentPleaPeriod To Plea

When Should Plea of Not Guilty Be EnteredNo PleaConditional PleaExculpatoryImprovident Plea Later WithdrawnUnconditional Plea of GuiltPlea BargainingRules

Pre TrialImportance of Pre-trialWhere ApplicableWhen?Considerations In Pre Trial ConferencePre Trial AgreementNon Appearance At The Pre Trial ConferencePre Trial OrderPre Trial In Civ Pro. Vs. Crim Pro.Exception, Criminal Cases Are Not Subject of Amicable Settlement/Mediation

Trial

Order of TrialProsecutions Evidence In ChiefDemurrer To Evidence (R119 S23D2E In Civ Pro Vs Crim ProMotion For Leave of Court To File Demurrer To EvidenceCan There Be Demurrer To Evidence In Summary Procedure?

Accuseds Evidence In ChiefRebuttalFormal offerSurrebuttal


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Formal offerMemorandum

JudgmentConviction Or AcquittalPromulgation of Judgment (R120 S6)Effect of Non Appearance By AccusedIs There Trial In Absentia In A Civil Case?Child Witness Examination RuleSexual Shield Abuse RuleJuveniles In Conflict With The Law / Juvenile Delinquency

Remedies Before Judgment Becomes Final And ExecutoryMotion For Reconsideration (R121)Grounds

M4R of Judgment ofconviction In Criminal Cases Vs. M4r of Final Judgment In CivilCasesMotion For New Trial (R121)

MNT In Civ Pro. Vs Crim ProEffects of GrantingReopening of Trial (R119 S24)M4R Vs. MNT Vs. ROT

Appeal R122 In Relation To R40-42, 45)

Provisional RemediesPreliminary AttachmentPreliminary Injunction (And Tro)ReceivershipReplevinSupport Pendente Lite

Appeal (Rule 122 In Relation To Rules 40-42, 45, And Applying TheSandiganbayan Law)Cases Decided By MTC In The Exercise of Its Original JurisdictionCases Decided By RTC In The Exercise of Its Original JurisdictionCases Decided By The MTC Involving Public officers Salary Grade 26 And Lower(Penalty < 6 Years)Cases Decided By RTC Involving Public officers Salary Grade 26 And Lower (Penalty > 6

Years)

Sandiganbayan, In The Exercise of Original Jurisdiction

Remedied After Judgment of Conviction Has Become Final And ExecutoryDischarge of Witness Vs Witness Protection Program


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EVIDENCE

PreliminariesEvidenceFactum Probandum Vs. Factum ProbansProof Vs. EvidenceException To Cline + Administrative, Quasi Judicial BodiesException To ExceptionIn What Instances Can Factual Issues Be Resolved Without The Need For Evidence?Sources Of EvidenceConstitutional BasisKinds Of Evidence:Object EvidenceDocumentary EvidenceTestimonial Evidence

Relevant EvidenceMaterial EvidenceCompetent Evidence

Cumulative EvidenceCorroborative EvidencePositive EvidenceNegative EvidencePreponderance Of EvidenceSubstantial EvidenceProof Beyond Reasonable DoubtWhen To Object To Admissibility Of Evidence?Kinds Of AdmissibilityConditionalMultipleCurativeRelevancy Vs. CompetencyEvidence On Collateral Matters

Rule 129 What Need Not Be ProvedJudicial NoticeWhat Are Matters Which Are Of Mandatory Judicial Notice?Differentiate Legislative Function From Adjudicative FunctionDiscretionary Judicial NoticeDoctrine Of Processual Presumption

Judicial AdmissionsJudicial Admissions Vs. Judicial Confession

Admission Vs Confession

Rule 130 Rules Of AdmissibilityObject Evidence (130 1)Documentary Evidence (130 2)Limitations To Presentation Of Object EvidenceExceptions To The Limitations


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Best Evidence RuleExceptions To The Best Evidence Rule (Relate To Provisions On Secondary Evidence,S5-7)Original In The Possession Of Adverse Party Vs. Production And Inspection OfDocuments Or ThingsWhat Is The Principle Of Irremovability Of Public RecordParol EvidenceParol Evidence Vs. Best EvidenceExceptionsRequisites For Application Of Parol Evidence RuleWhat Is The Lord Bacons Rule (Lord Bacon, 1841, Europe)Kinds Of AmbiguitiesIntrinsic/Latent AmbiguityExtrinsic/Patent AmbiguityIntermediate Ambiguity

Falsa Demonstration Non Nocet Cum De Corpore ConstatInterpretation Of DocumentsTestimonial Evidence

Competency Of Witness Vs. Competency Of EvidenceCompetency Of Witness Vs. Credibility Of WitnessWho Are Disqualified To Be Witnesses?Disqualification By Reason Of Marriage Vs. Disqualification By Reason Of MaritalPrivilegeDead Mans StatuteRequisites (Rule 130 S23)Disqualifications By Reason Of Privileged CommunicationHusband-wife

Attorney-client RelationsPhysician-patient (Relate To Physical And Mental Examination Of Persons)Priest-penitentState SecretsFilial Privilege

Admission Vs. ConfessionAdmission Vs. Declaration Against InterestOffer Of CompromiseRes Inter Alios Acta (1986, 1988 Bar)

Admission By Co Partner Or Agent (S29)Admission By Conspirator (S30)Admission By Privies (S31)

Admission By Silence (S32)2 Kinds Of ConfessionsJudicial ConfessionExtrajudicial ConfessionInterlocking ConfessionSimilar Acts As Evidence (S34)Unaccepted Offer (S35)

Hearsay RuleException


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Classes Of DocumentsPublic & Private DocumentsProof Of Private DocumentWhen Evidence Of Authenticity Of Private Document Is Not NecessaryHow Genuiness Of Handwriting Is ProvedDocuments Consisting Of Entries In Public RecordsWhen Admissible For Any PurposeCopy Of A Document Or Record Is Attested For The Purpose Of The EvidenceIrremovability Of Public RecordPublic Record Of A Private DocumentProof Of Lack Of RecordImpeaching Judicial RecordsProof Of Notarial Documents

Alterations In Document, How To ExplainSeal

Documentary Evidence In An Unofficial Language

Offer And Objection

Offer Of EvidenceOffer Of Evidence Vs. Offer Of TestimonyOffer Of Evidence Vs. Formal Offer Of ProofWhen To Make OfferObjectionKinds Of ObjectionsBroadside Objections Vs. Specific ObjectionsContinuing ObjectionsRuling On ObjectionsNot Responsive, Strike Out AnswerTender Of Excluded Evidence

Admissibility Vs. Probative Value

Rule 133 Weight And Sufficiency Of EvidencePreponderance Of EvidenceConsiderations The Court May ConsiderSubstantial EvidenceProof Beyond Reasonable DoubtExtrajudicial ConfessionCircumstantial EvidenceDna Evidence

PolygraphSearch Incidental To Lawful ArrestSexual Shield Abuse RuleDepositions