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1) What is remedial law?

Remedial law is that branch of law which


prescribes the method of enforcing the
rights or obtaining redress for their
invasions.
2) What is the concept of remedial law?
Remedial laws are sets of rules and
regulations for the enforcement or
protection of a right and redress or
prevention of a wrong.
3) What is the nature of remedial law?
Remedial law is procedural in character;
it does not vest substantive rights; but it
has the force and effect of a law.

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REMEDIAL LAW REVIEW I

The rules embodied in the Rules of Court


are not laws in the strict sense of the
word since they did not emanate from
the legislature, but since they were
promulgated under authority of law, such
rules have the force and effect of laws.
4) Distinguish procedural law from substantive
law.
PROCEDURAL LAW
1) Duly promulgated by
the Supreme Court
alone.
2) Means, procedure or
method of enforcing
rights.
3) Can be waived or
subject to agreement
of parties.
4) Does not prescribe
substantive rights.

SUBSTANTIVE LAW
1) Enacted
by
the
Congress.
2) Creates, defines, and
regulates rights.
3) Cannot be waived
since it is conferred
by law.
4) Vests and defines
substantive rights.

5) When did the Rules of Court take effect?


The Rules of Court took effect on January
1, 1964.
6) When did the Rules on Civil Procedure take
effect?
The Rules on Civil Procedure took effect
on July 1, 1997.
7) What are the cases not directly governed by
the Rules of Court (only in suppletory
character)?
These cases are not directly governed by
the Rules of Court: election cases, land
registration, cadastral, naturalization,
insolvency proceedings, labor cases,

impeachment,
other
cases
mentioned in Section 4 of Rule 1.

not

8) What is the rule as regards construction of


the Rules?
The Rules shall be liberally construed in
order to promote their objective of
securing a just, speedy and inexpensive
disposition
of
every
action
and
proceeding.
9) What are the main divisions of remedial law?
The main divisions of remedial law are as
follows:
a) Civil procedure governed by Rules 171, as amended;
b) Special proceedings governed by
Rules 72-109, as amended;
c) Criminal procedure governed by
Rules 110-127;
d) Evidence governed by Rules 128-134,
inclusive of Rule 23 and 24.
10) What are the main divisions of civil
procedure?
The main divisions of civil procedure are
as follows:
a) Ordinary civil actions governed by
Rules 1-56;
b) Provisional remedies governed by
Rules 57-61;
c) Special civil actions governed by
Rules 62-71, as amended.
Rule 65 - amended by A.M. No.
07-07-12-SC, Dec. 27, 2007.
11) What are the provisional remedies under the
Rules?
The provisional remedies under the Rules
include:
a) Preliminary attachment;
b) Preliminary injunction;
c) Receivership;
d) Replevin;
e) Support pendente lite.
12) What are the special civil actions under the
Rules?
The special civil actions under the Rules
include:
a) Interpleader;
b) Declaratory
relief
and
similar
remedies (reformation of instrument,
quieting of title, consolidation of
ownership);
c) Review of judgments and final orders
and resolutions of COMELEC and
COA;

13) Distinguish civil action from criminal action


and special proceedings.
CIVIL
ACTION
1) An action by 1)
which
a
party
sues
another for
the
enforcement
or protection
of a right, or
the
prevention
or redress of
a wrong.
2)
2) Governed by
Rules
1-56
and 62-71. 3)
3) Based on a
cause
of
action.

CRIMINAL
ACTION
An action by
which
the
State
prosecutes a
person for an
act
or
omission
punishable
by law.

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d) Certiorari,
prohibition
and
mandamus;
e) Quo warranto;
f) Expropriation;
g) Foreclosure of real estate mortgage;
h) Partition;
i) Forcible entry and unlawful detainer;
j) Contempt.

SPECIAL
PROCEEDING
S
1) A remedy by
which
a
party seeks
to establish a
status, right,
or
a
particular
fact.

Governed by
Rules
110- 2)
127.
Based on an
act
or
3)
omission
which
violated
penal laws.
4) Commenced
4) Commenced
by way of
by way of
criminal
4)
complaint,
complaint,
petition,
or
criminal
verified
information,
statement of
or affidavitclaims.
complaint.
5) Adversarial
5) Adversarial
and
in character prosecutorial
there are 2
in character - 5)
parties
there are 2
involved.
parties
involved.
6) The parties
6) The parties
are
are plaintiff
complainant
and
6)
and

Governed by
Rules
72109.
Based on a
particular
fact, status,
or
right
sought to be
established.
Commenced
by way of
petition.

Generally,
nonadversarial,
except when
there is an
oppositor.
The party is

defendant,
or petitioner
and
respondent.

respondent,
or
plaintiff
and
the
accused.

petitioner,
and in case
of
opposition,
petitioner
and
oppositor.

14) What are the sources of remedial law?


The sources of remedial law are as
follows:
a) 1987 Constitution;
b) Rules of Court;
c) BP 129 - Judiciary Reorganization Act
of 1980;
d) RA 7691 - An Act Expanding the
Jurisdiction of the Metropolitan Trial
Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts;
e) PD 1606, RA 7975, RA 8249, RA
10660 - An Act Strengthening Further
the
Functional
and
Structural
Organization of the Sandiganbayan
and Appropriating Funds therefor;
f) RA 1125, RA 9282 - An Act Expanding
the Jurisdiction of the Court of Tax
Appeals;
g) PD 1083 - Code of Muslim Personal
Laws of the Philippines;
h) Rules on Summary Procedure;
i) Revised Rules of Procedure on Small
Claims Cases;
j) Rules of Procedure for Environmental
Cases;
k) Rule on the Writ of Amparo;
l) Rule on the Writ of Habeas Data;
m) A.M. No. 004-07-SC - Rule on
Examination of Child Witness;
n) A.M. No. 01-07-01-SC - Rules on
Electronic Evidence;
o) A.M. No. 06-11-05-SC - Rule on DNA
Evidence;
p) RA 7160 - Local Government Code;
q) RA 9285 - Alternative Dispute
Resolution Act of 2004;
r) RA 876 - Arbitration Law;
s) Rules and Regulations Implementing
the Intellectual Property Code of the
Philippines;
t) A.M. No. 11-09-04-SC - Efficient Use
of Paper Rule;
u) A.M. No. 12-08-08-SC - Judicial
Affidavit Rule;
v) Revised Manual for Clerk of Courts;
w) RA 386 - Civil Code of the Philippines;
x) EO 209 - Family Code of the
Philippines;
y) RA 8369 - Family Courts Law of 1997;

15) What are the constitutional provisions


relating to remedial law?
These includes:
a) Article III, Sec. 1 - Due process and
equal protection of the law.
No person shall be deprived of
life, liberty, or property without
due process of law, nor shall any
person be denied the equal
protection of the laws.
b) Article III, Sec. 9 - Eminent domain or
expropriation.
Private property shall not be
taken for public use without just
compensation.
c) Article III, Sec. 11 - Free access to
courts or indigent party.
Free access to courts and quasijudicial bodies and adequate legal
assistance shall not be denied to
any person by reason of poverty.
d) Article III, Sec. 16 - Speedy
disposition of cases.
All persons shall have the right to
a speedy disposition of their
cases before all judicial, quasijudicial, or administrative bodies.
e) Article VIII, Sec. 1 - Judicial power.
The judicial power shall be vested
in one Supreme Court and in such
lower
courts
as
may
be
established by law.
Judicial power includes the duty of
the courts of justice to settle
actual controversies involving
rights
which
are
legally
demandable and enforceable, and
to determine whether or not there
has been a grave abuse of
discretion amounting to lack or
excess of jurisdiction on the part
of any branch or instrumentality
of the Government.
f) Article VIII, Sec. 2 - Power of Congress
to define and apportion jurisdiction of
courts.
The Congress shall have the
power to define, prescribe, and
apportion the jurisdiction of the
various courts but may not
deprive the Supreme Court of its
jurisdiction
over
cases
enumerated in Section 5.
No
law
shall
be
passed
reorganizing the Judiciary when it

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z) Jurisprudence.

undermines the security of tenure


of its Members.
g) Article VIII, Sec. 4 (2) - Cases that can
be decided by the Supreme Court en
banc.
All
cases
involving
the
constitutionality of a treaty,
international
or
executive
agreement, or law, which shall be
heard by the Supreme Court en
banc, and all other cases which
under the Rules of Court are
required to be heard en banc,
including those involving the
constitutionality, application, or
operation of presidential decrees,
proclamations,
orders,
instructions,
ordinances,
and
other
regulations,
shall
be
decided with the concurrence of a
majority of the Members who
actually
took
part
in
the
deliberations on the issues in the
case and voted thereon.
h) Article VIII, Sec. 5 - Jurisdiction and
power of the Supreme Court.
The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction
over
cases
affecting
ambassadors,
other
public
ministers and consuls, and over
petitions for certiorari, prohibition,
mandamus, quo warranto, and
habeas corpus.
(2)
Review,
revise,
reverse,
modify, or affirm on appeal or
certiorari, as the law or the Rules
of Court may provide, final
judgments and orders of lower
courts in:
(a) All cases in which the
constitutionality or validity of
any treaty, international or
executive agreement, law,
presidential
decree,
proclamation,
order,
instruction,
ordinance,
or
regulation is in question.
(b) All cases involving the
legality of any tax, impost,
assessment, or toll, or any
penalty imposed in relation
thereto.
(c) All cases in which the
jurisdiction of any lower court
is in issue.

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(d) All criminal cases in which


the
penalty
imposed
is
reclusion perpetua or higher.
(e) All cases in which only an
error or question of law is
involved.
(5) Promulgate rules concerning
the protection and enforcement of
constitutional rights, pleading,
practice, and procedure in all
courts, the admission to the
practice of law, the Integrated
Bar, and legal assistance to the
underprivileged. Such rules shall
provide
a
simplified
and
inexpensive procedure for the
speedy disposition of cases, shall
be uniform in all courts of the
same grade, and shall not
diminish, increase, or modify
substantive
rights.
Rules
of
procedure of special courts and
quasi-judicial bodies shall remain
effective unless disapproved by
the Supreme Court.
i) Article VIII, Sec. 6 - administrative
supervision.
The Supreme Court shall have
administrative supervision over
all courts and the personnel
thereof.
j) Article VIII, Sec. 14 - Basis of
decision, judgment, or final order.
No decision shall be rendered by
any court without expressing
therein clearly and distinctly the
facts and the law on which it is
based.
No petition for review or motion
for reconsideration of a decision
of the court shall be refused due
course or denied without stating
the legal basis therefor.
k) Article VI, Sec. 30 - Increasing the
appellate jurisdiction of the Supreme
Court.
No law shall be passed increasing
the appellate jurisdiction of the
Supreme Court as provided in the
Constitution without its advice
and concurrence.
l) Article VII, Sec. 4, 7th paragraph Presidential
and
Vice-Presidential
Electoral Tribunal.
The Supreme Court, sitting en
banc, shall be the sole judge of all
contests relating to the election,
returns, and qualifications of the

President or Vice-President, and


may promulgate its rules for the
purpose.
m) Article VII, Sec. 18, 3rd paragraph review of proclamation of martial law
or suspension of the privilege of writ
of habeas corpus or the extension
thereof.
The Supreme Court may review,
in an appropriate proceeding filed
by any citizen, the sufficiency of
the
factual
basis
of
the
proclamation of martial law or the
suspension of the privilege of the
writ or the extension thereof, and
must promulgate its decision
thereon within 30 days from its
filing.
n) Article IX-A, Sec. 7 - Constitutional
Commissions.
Each Commission shall decide by
a majority vote of all its Members
any case or matter brought
before it within 60 days from the
date of its submission for decision
or resolution. A case or matter is
deemed submitted for decision or
resolution upon the filing of the
last
pleading,
brief,
or
memorandum required by the
rules of the Commission or by the
Commission
itself.
Unless
otherwise
provided
by
the
Constitution or by law, any
decision, order, or ruling of each
Commission may be brought to
the Supreme Court on certiorari
by the aggrieved party within 30
days from receipt of a copy
thereof.
o) Article II, Sec. 16 - right to a balanced
and healthful ecology (constitutional
basis of writ of kalikasan).
The State shall protect and
advance the right of the people to
a balanced and healthful ecology
in accord with the rhythm and
harmony of nature.
16) Requirements of procedural due process:
The following are the requirements of
procedural due process:
a) The court must be clothed with
proper jurisdiction;
b) The court has jurisdiction over the
subject matter;

17) Distinguish right to speedy disposition of


cases from speedy trial.

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c) The court must have lawfully


acquired jurisdiction over the person
of the defending party;
d) The party must be afforded his
opportunity to present evidence;
e) Judgment must be rendered based on
the facts or evidence presented and
the law.

SPEEDY DISPOSITION
SPEEDY TRIAL
1) Constitutional right - 1) Statutory right Article III, Sec. 16.
Speedy Trial Act of
2)
Starts
from
the 1995.
inception of the case 2) Starts from the
until
its
final beginning of trial until
termination.
the
submission
of
3)
Covers
all evidence.
proceedings:
civil, 3) Covers only criminal
criminal,
and proceedings.
administrative.
18) What are the different judicial courts?
The following are the different judicial
courts:
a) Constitutional court: Supreme Court.
b) Statutory courts: Court of Appeals,
Court of Tax Appeals, Shari'ah
Appellate
Court,
Sandiganbayan,
Regional Trial Court, Family Court,
Shari'ah District Court, Municipal Trial
Court,
Metropolitan
Trial
Court,
Municipal Circuit Trial Court, Shari'ah
Circuit Court.
19) What is the nature of a Philippine court?
A Philippine court is a court of law and of
equity. It is a court of law since actions
and judgments must be based on the
provisions of law; it is a court of equity
since if there is absence of any law or
rule that will grant or allow the granting
of a relief, relief maybe granted based on
what is just and equitable under the
premises.
20) Distinguish court from judge.
COURT
JUDGE
1) Established by law. 1) Appointed by the
President.
2) Permanent.
2) Temporary.
3) The one conferred 3)
The
one
who
with authority.
exercises the authority
conferred to the court.
4) An office.

4) A public officer.
21) Is a military court a judicial court?
No, a military court is not a judicial court.
It is not a judicial court since it is not
under the judicial system; it is under the
supervision of the Office of the President.
22) Is a tribal court a judicial court?
No, a tribal court is not a judicial court. It
is not a judicial court since it does not
possess judicial power. Its action is
merely conciliatory between and among
members
of
indigenous
cultural
communities.
23) What are the cases required to be heard by
the Supreme Court en banc?
The following cases are required to be
heard by the Supreme Court en banc:
a) All
cases
involving
the
constitutionality
of
a
treaty,
international or executive agreement,
or law.
b) All other cases which under the Rules
of Court are required to be heard en
banc.
c) All
cases
involving
the
constitutionality,
application,
or
operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations.
d) Cases heard by a division when the
required number in the division is not
obtained.
e) Cases involving a modification or
reversal of a doctrine or principle of
law laid down previously by the
Supreme Court in a decision rendered
en banc or by a division.
f) Cases involving discipline of judges of
lower courts.
g) Contests relating to the election,
returns, and qualifications of the
President or Vice-President.
h) Cases raising novel questions of law.
i) Cases affecting ambassadors, public
ministers and consuls.
j) Cases
involving
decisions,
resolutions,
and
orders
of
Constitutional Commissions.
k) Cases
where
the
penalty
recommended or imposed is the
dismissal of a judge, disbarment of a
lawyer, suspension of any of them for
a period of more than 1 year or a fine
exceeding P40,000.
l) In relation to the preceding item,
reinstatement or lifting of suspension.

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m) Cases involving conflicting decisions


of two or more divisions.
n) Other division cases that, in the
opinion of at least 3 members of the
division who are voting and present,
are appropriate for transfer to the
court en banc.
o) Division cases where the subject
matter has a large financial impact
on businesses or affects the welfare
of a community.
p) Cases that the court en banc deems
of sufficient importance to merit its
attention.
q) All matters involving policy decisions
in the administrative supervision of
all courts and their personnel.
r) All criminal cases in which the
appealed decision imposes the death
penalty or reclusion perpetua.
24)
Teresita Fabian vs. Hon. Aniano
Desierto (G.R. No. 129742, September
16, 1998)
25) What is jurisdiction?
Jurisdiction is the power of the court to
hear and decide cases and to execute
the judgment thereon.
26) Leo Echegaray vs. Secretary of Justice
(G.R. No. 132601, January 19, 1999)
27) What is venue?
Venue is the place where the case is to
be instituted, heard and tried.
28) Distinguish jurisdiction from venue.

JURISDICTION
VENUE
1) Authority of the court 1)
Geographical
to
hear
and location where the case
determine a case and shall
be
instituted,
to execute judgment heard and tried.
2)
A
matter
of
thereon.
2)
A
matter
of procedural law.
3) Establishes a relation
substantive law.
3) Establishes a relation between the plaintiff
between the court and
defendant,
the
and
the
subject petitioner
and
matter.
respondent.
4) Conferred by the
4) Conferred by law.
Rules of Court, or by
the agreement of the
parties.
5) The court may motu
5) The court cannot
proprio dismiss a case
motu proprio dismiss a

for lack of jurisdiction


over
the
subject
matter of the action.
6) Cannot be waived,
enlarged
or
diminished
by
agreement
of
the
parties, except as
regards estoppel by
laches.

case
based
on
improper
venue
(except in small claims
and
summary
proceedings cases).
6) May be waived and
stipulated
by
the
parties.

29) How is jurisdiction acquired?


Jurisdiction is acquired over the:
a) Plaintiff
- filing of the complaint,
petition, or verified statement of
claims, and payment of docket fees
and other lawful fees.
b) Defendant - valid service of summons
or voluntary submission to the
jurisdiction of the court.
c) Issues - through the allegations in the
pleadings (complaint and answer).
d) Case and/or
claims
as
conferred by law and payment of
docket fees.
e) Res - actual or constructive seizure of
the property by way of attachment,
placing the same under the custody
of the court.
30) What are the kinds of jurisdiction?
The kinds of jurisdiction are as follows:
a) General jurisdiction - power of the
court to adjudicate all controversies
except those expressly withheld from
the plenary powers of the court.
Example: Regional Trial Court Jurisdiction over all cases, the
jurisdiction of which is not
specifically provided by law to be
within the jurisdiction of any
person, body, court, or tribunal
exercising judicial or quasi-judicial
functions.
b) Special jurisdiction - power to take
cognizance of a case only for a
particular purpose or power to
perform specified duties beyond
which they have no authority of any
kind.
Examples: Municipal Trial Court
and Regional Trial Court.
c) Limited jurisdiction - power of the
court to decide only particular cases.
Example: Probate court.

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d) Original jurisdiction - power of the


court to take judicial cognizance of a
case instituted for judicial action for
the first time under the conditions
provided by law.
Examples: Supreme Court, Court
of
Appeals,
Sandiganbayan,
Regional Trial Court, Shari'ah
District Court, Municipal Trial
Court, Shari'ah Circuit Court.
e) Exclusive jurisdiction - power of the
court to adjudicate a case or
proceeding to the exclusion of all
other courts at that stage.
f) Exclusive and original jurisdiction power of the court to take judicial
cognizance of a case instituted for
judicial action for the first time under
the conditions provided by law, to the
exclusion of all other courts.
Examples: Supreme Court, Court
of
Appeals,
Sandiganbayan,
Regional Trial Court, Shari'ah
District Court, Municipal Trial
Court, Shari'ah Circuit Court.
g) Appellate jurisdiction - power and
authority conferred upon a superior
court to rehear and determine causes
which have been tried in lower
courts.
Examples: Supreme Court, Court
of Appeals, Sandiganbayan, Court
of Tax Appeals, Regional Trial
Court, Shari'ah District Court.
h) Territorial jurisdiction - geographical
area within which the court's powers
can be exercised.
i) Concurrent jurisdiction (confluent or
coordinate) - power conferred upon
different courts, whether of the same
or different ranks, to take cognizance
at the same stage of the same case
in the same or different judicial
territories.
Examples: Supreme Court and
Regional Trial Court, Supreme
Court,
Court
of
Appeals,
Sandiganbayan and Regional Trial
Court.
j) Delegated jurisdiction - grant of
authority to inferior courts.
Example: Municipal Trial Court Jurisdiction to hear and determine
cadastral and land registration
cases under certain conditions.
k) Residual jurisdiction - power retained
by the trial court prior to the

l)

transmittal of the original records of


the case to the appellate court.
Examples: (a) Issue orders for the
preservation of the rights of the
parties, which do not involve any
matter litigated by the appeal; (b)
Approve compromise prior to the
transmittal of records; (c) Permit
appeal by an indigent; (d) Order
execution pending appeal; (e)
Allow withdrawal of the appeal.
Ancillary jurisdiction - power of the
court to adjudicate and determine
matters incidental to the exercise of
its primary jurisdiction.

31) What is the doctrine of primary jurisdiction?


Under
the
principle
of
primary
jurisdiction, the court will not entertain
an action if the subject matter of the
same calls for resolution requiring
expertise, skills and knowledge of a
quasi-judicial or administrative body.
32) What are the exceptions to the doctrine of
primary jurisdiction?
The exceptions to the doctrine of primary
jurisdiction are as follows:
a) Where there is estoppel on the part
of the party invoking the doctrine;
b) Where the challenged administrative
act is patently illegal, amounting to
lack of jurisdiction;
c) Where there is unreasonable delay or
official inaction that will irretrievably
prejudice the complainant;
d) Where the amount involved is
relatively small;
e) Where the question involved is purely
legal and will ultimately have to be
decided by the courts of justice;
f) Where judicial intervention is urgent;
g) When its application may cause great
and irreparable damage;
h) Where the controverted acts violate
due process;
i) When the issue of non-exhaustion of
administrative remedies has been
rendered moot;
j) When there is no other plain, speedy
and adequate remedy;
k) When strong public interest is
involved;
l) In quo warranto proceedings.
33) What is the doctrine of non-interference
(doctrine of judicial stability)?
Under the doctrine of non-interference,
no court shall interfere by way of

34) What is the doctrine of hierarchy of courts?


Under the doctrine of hierarchy of courts,
though parties may avail remedies
provided for under the rules, they do not
have the liberty of choosing in which
court the action should be filed. A direct
resort to a higher court cannot be made,
unless and until the remedies are first
availed in the lower court, except if there
is a special and compelling reason.
35) What are the exceptions to the doctrine of
hierarchy of courts?
The exceptions to the doctrine of
hierarchy of courts are as follows:
a) When there are special and important
reasons clearly stated in the petition;
b) When dictated by public welfare and
the advancement of public policy;
c) When demanded by the broader
interest of justice;
d) When the challenged orders were
patent nullities;
e) When analogous exceptional and
compelling circumstances called for
and justified the immediate and
direct handling by the Supreme
Court.
36) What is the doctrine of exhaustion of
administrative remedies?
Under the doctrine of exhaustion of
administrative remedies, all available
remedies provided for under the rules of
an administrative body must first be
exhausted before filing an action in a
court.
37) What is the doctrine of continuing
jurisdiction?
Under the doctrine of continuing
jurisdiction, once a court acquire
jurisdiction over a case, it shall continue
until its final termination.
38) What is the jurisdiction of the Supreme
Court?
The Supreme Court has jurisdiction over
the following:
a) Original jurisdiction
Cases involving ambassadors,
other
public
ministers
and
consuls.
Petition for certiorari, prohibition,
mandamus, quo warranto, habeas
corpus, writ of amparo, writ of

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injunction in any action, judgment or


final order of a co-equal court.

b)

c)

d)

e)

habeas data, writ of kalikasan,


and writ of continuing mandamus.
Appellate jurisdiction - over - Decision, judgment or final order
by the Court of Appeals.
Decision, judgment or final order
by the Sandiganbayan.
Decision, judgment or final order
by the Court of Tax Appeals en
banc.
Decision, judgment or final order
by the Regional Trial Court on the
ground of purely questions of law.
Ancillary jurisdiction
Power to issue writ of attachment
in a case pending before the
Supreme Court or before the trial
courts.
Power to issue writ of injunction
or temporary restraining order.
Power to appoint a receiver.
Power to issue a writ of replevin.
Power to issue other provisional
remedies,
except
support
pendente lite.
Administrative jurisdiction
Administrative supervision over
all courts and the personnel
thereof.
Concurrent jurisdiction
With the Regional Trial Court
Cases involving ambassadors,
other
public
ministers
and
consuls.
With the Court of Appeals, Court of
Tax
Appeals,
Sandiganbayan,
Regional Trial Court, Shari'ah District
Court
Petition
for
certitiorari,
prohibition, and mandamus.
With
the
Court
of
Appeals,
Sandiganbayan, Regional Trial Court
Petition for quo warranto.
Petition for writ of amparo and
writ of habeas data.
With
the
Court
of
Appeals,
Sandiganbayan, Regional Trial Court,
Municipal Trial Court in the absence
of RTC judges
Petition for habeas corpus
With the Court of Appeals
Petition for writ of kalikasan.
With the Court of Appeals, Regional
Trial Court
Petition for writ of continuing
mandamus.

40) What is the jurisdiction of the Court of Tax


Appeals en banc?
The Court of Tax Appeals en banc has
jurisdiction over the following:
a) Original jurisdiction
Tax collection cases involving at
least one million pesos.
b) Appellate jurisdiction
Tax collection cases involving less
than one million pesos.
Decision of the Commissioner of
Internal
Revenue
in
cases

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39) What is the jurisdiction of the Court of


Appeals?
The Court of Appeals has jurisdiction
over the following:
a) Original jurisdiction
Petition for certiorari, prohibition,
mandamus, quo warranto, habeas
corpus, writ of amparo, writ of
habeas data, writ of kalikasan,
and writ of continuing mandamus.
Petition for the issuance of an
order for authorization under the
Human Securities Act and AntiWiretapping Act.
Petition for freeze order on any
monetary instrument, property, or
proceeds relating to or involving
any unlawful activity as defined
under the Anti-Money Laundering
Act.
Petition
for
annulment
of
judgment of the Regional Trial
Court.
b) Appellate jurisdiction - over - Decision, judgment or final order
of the Regional Trial Court in the
exercise of its original jurisdiction.
Decision, judgment or final order
of the Regional Trial Court in the
exercise
of
its
appellate
jurisdiction.
Decision, judgment or final order
of quasi-judicial bodies.
Decision, judgment or final order
of Shari'ah District Court.
Decision, judgment or final order
of the Municipal Trial Court in
cadastral and land registration
cases.
c) Ancillary jurisdiction
Power
to
issue
provisional
remedies,
except
support
pendente lite.

involving disputed assessments,


refund of internal revenue taxes,
fees or charges, penalties in
relation thereto, or other matters
relating or arising under the NIRC
or laws administered by the BIR.
Inaction of the Commissioner of
Internal Revenue, x x x, where the
NIRC provides for a specific period
of action, in which case the
inaction shall be deemed a denial.
Decision, orders or resolutions of
the Regional Trial Courts in local
tax cases originally decided or
resolved by them in their original
or appellate jurisdiction.
Decisions of the Commissioner on
Customs on cases involving
liability for customs duties, fees
or other money charges, seizure,
detention or release of property
affected, fines, forfeitures or other
penalties in relation thereto, or
other matter arising under the
Customs Law or other laws
administered by the BOC.
Decisions of the Central Board of
Assessment
Appeals
in
the
exercise
of
its
appellate
jurisdiction over cases involving
the assessment and taxation of
real property originally decided by
the provincial or city board of
assessment appeals.
Decisions of the Secretary of
Finance on customs related cases
elevated to him automatically for
review from decisions of the
Commissioner of Customs which
are adverse to the Government
under Section 2315 of the Tariff
and Customs Code.
Decisions of the Secretary of
Trade and Industry, in the case of
non-agricultural
product,
commodity, or article, and the
Secretary of Agriculture, in the
case of agricultural product,
commodity, or article, involving
dumping
and
countervailing
duties under Section
301 and
302, respectively, of the Tariff and
Customs Code, and safeguard
measures under RA 8800, where
either party may appeal the
decision to impose or not to
impose said duties.

42) What is the jurisdiction of the Regional Trial


Court?
The Regional Trial Court has jurisdiction
over the following:
a) Original jurisdiction
Cases involving ambassadors,
other
public
ministers
and
consuls.
Petition for certiorari, prohibition,
mandamus, quo warranto, habeas
corpus, writ of amparo, writ of
habaes
data,
and
writ
of
continuing mandamus.
Petition
for
annulment
of
judgment of the Municipal Trial
Court.
b) Exclusive original jurisdiction
In all civil actions in which the
subject matter of the litigation is
incapable
of
pecuniary
estimation.
In all civil actions which involve
title to, or possession of, real
property, or any interest therein,
where the assessed value of the

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41) What
is
the
jurisdiction
of
the
Sandiganbayan?
The Sandiganbayan has jurisdiction over
the following:
a) Original jurisdiction
Violations of RA 1379 - An Act
Declaring Forfeiture in Favor of
the State any Property Found to
have been Unlawfully Acquired by
any Public Officer or Employee
and Providing for the Proceedings
therefor.
Civil cases falling under EO 1, 2,
14, and 14-A, involving ill-gotten
wealth of the Marcoses.
Petition for certiorari, prohibition,
mandamus, habeas corpus, quo
warranto, writ of amparo, writ of
habeas data.
b) Ancillary jurisdiction
Power to issue freeze order.
Power to issue injunction in aid of
its appellate jurisdiction.
c) Appellate jurisdiction
Decision, judgment or final order
by the Regional Trial Court in the
exercise of its original jurisdiction.
Decision, judgment or final order
by the Regional Trial Court in the
exercise
of
its
appellate
jurisdiction.

property
involved
exceeds
P20,000 outside Metro Manila, or
P50,000 within Metro Manila.
In all actions in admiralty and
maritime jurisdiction, where the
demand
or
claims
exceeds
P300,000 outside Metro Manila, or
P400,000 within Metro Manila.
In all matters of probate, both
testate and intestate, where the
gross value of the estate exceeds
P300,000 outside Metro Manila, or
P400,000 within Metro Manila.
In all cases not within the
exclusive jurisdiction of any court,
tribunal,
person
or
body
exercising jurisdiction of any
court, tribunal, person or body
exercising judicial or quasi-judicial
functions.
In all other cases in which the
demand, exclusive of interest,
damages
of
whatever
kind,
attorney's
fees,
litigation
expenses and costs or the value
of the property in controversy
exceeds P300,000 outside Metro
Manila, or P400,000 within Metro
Manila.
Cases
involving
violation
of
environmental laws.
Cases involving violation of the
Intellectual Property Code.
Over
cases
involving
intracorporate controversies.
Devices or schemes employed
by or any acts, of the board of
directors, business associates,
its officers or partnership,
amounting
to
fraud
and
misrepresentation which may
be detrimental to the interest
of the public and/or the
stockholder,
partners,
members of associations or
organizations registered with
the SEC.
Controversies arising out of
intra-corporate or partnership
relations, between and among
stockholders, members, or
associates; between any or all
of them and the corporation,
partnership or association of
which they are stockholders,
members
or
associates,
respectively; and between
such corporation, partnership

43) What is the jurisdiction of the Shari'ah


District Court?
The
Shari'ah
District
Court
has
jurisdiction over the following:
a) Original jurisdiction
Petition by Muslims for the
constitution of a family home,
change
of
name,
and
commitment of an insane person
to an asylum.

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or association and the state


insofar as it concerns their
individual franchise or right to
exist as such entity.
Controversies in the election
or appointments of directors,
trustees, officers or managers
of
the
corporations,
partnerships or associations.
Petitions
of
corporations,
partnerships or associations to
be declared in the state of
suspension of payments in
cases where the corporation,
partnership
or
association
possesses sufficient property
to cover all its debts but
foresees the impossibility of
meeting them when they
respectively fall due or in
cases where the corporation,
partnership or association has
no sufficient assets to cover
its liabilities, but is under the
management
of
a
Rehabilitation
Receiver
or
Management Committee.
c) Ancillary jurisdiction
Power
to
issue
provisional
remedies.
d) Appellate jurisdiction
Decision, judgment or final order
by the Municipal Trial Court,
except in small claims cases.
e) Special jurisdiction
Criminal cases.
Juvenile and domestic relations
cases.
Agrarian, urban and land reform
cases not falling under the
jurisdiction
of
quasi-judicial
bodies and agencies.
Such other special cases as the
Supreme Court may determine in
the interest of a speedy and
efficient administration of justice.

All other personal or real actions


not mentioned in paragraph 1 (d)
wherein the parties are Muslims,
except those for forcible entry
and unlawful detainer, which shall
fall under the exclusive original
jurisdiction of the MTC.
All special civil actions for
interpleader or declaratory relief
wherein the parties are Muslims
or the property involve belongs
exclusively to Muslims.
b) Exclusive original jurisdiction
All cases involving custody,
guardianship,
legitimacy,
paternity and filiation arising
under PD 1083.
All cases involving disposition and
settlement of the estate of
deceased Muslims, probate of the
wills,
issuance
of
letters
administration or appointment of
administrator
or
executors
regardless of the nature or the
aggregate value of the property.
Petitions
for
declaration
of
absence and death and for the
cancellation or correction of
entries in the Muslim Registries.
All actions arising from customary
contracts in which the parties are
Muslims, if they have not
specified which law shall govern
their relations.
All petitions for mandamus,
prohibition, injunction, certiorari,
habeas
corpus,
and
other
auxiliary writs and processes in
aid of its appellate jurisdiction.
c) Appellate jurisdiction
All cases tried in the Shari'ah
Circuit Court within their territorial
jurisdiction.
44) What is the jurisdiction of the Family Court?
The Family Court has jurisdiction over the
following:
a) Original jurisdiction
Petitions
for
guardianship,
custody of children and habeas
corpus involving children;
Petitions for adoption for children
and the revocation thereof;
Complaints for annulment of
marriage, declaration of nullity of
marriage and those relating to
status and property relations of

45) What is the jurisdiction of the Municipal Trial


Court?
The Municipal Trial Court has jurisdiction
over the following:
a) Exclusive original jurisdiction
Ordinary
In all civil actions which
involve title to, or possession
of, real property, or any
interest therein, where the
assessed value of the property
involved does not exceed
P20,000 outside Metro Manila,
or P50,000 within Metro
Manila.
In all actions in admiralty and
maritime jurisdiction, where
the demand or claim does not
exceed
P300,000
outside
Metro Manila, or P400,000
within Metro Manila.
In all matters of probate, both
testate and intestate, where

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husband and wife or those living


together under different status
and agreements, and petitions for
dissolution
of
conjugal
partnership of gains;
Petitions
for
support
and/or
acknowledgment;
Summary judicial proceedings
brought under the provisions of
EO 209 or the Family Code of the
Philippines;
Petitions for declaration of status
of
children
as
abandoned,
dependent or neglected children,
petitions
for
voluntary
or
involuntary
commitment
of
children,
the
suspension,
termination or restoration of
parental authority and other
cases cognizable under PD 603,
EO 56 (Series of 1986) and other
related laws;
Petitions for the constitution of
the family home;
Cases against minors cognizable
udner the Dangerous Drugs Act,
as amended;
Violations of RA 7610 or the
Special Protection of Children
Against Child Abuse, Exploitation
and Discrimination Act;
Cases
of
domestic
violence
against women and children.

the gross value of the estate


does not exceed P300,000
outside Metro Manila, or
P400,000 within Metro Manila.
In all other cases in which the
demand, exclusive of interest,
damages of whatever kind,
attorney's
fees,
litigation
expenses and costs or the
value of the property in
controversy exceeds P300,000
outside Metro Manila, or
P400,000 within Metro Manila.
Summary
Cases of forcible entry and
unlawful detainer, irrespective
of the amount of damages or
unpaid rentals sought to be
recovered.
Actions for payment of money
where the value of the claims
does not exceed P200,000
exclusive of interest and cost.
All
other
cases,
except
probate proceedings, where
the total amount of the claim
does not exceed P100,000
outside Metro Manila, or
P200,000 within Metro Manila,
exclusive of interest and cost.
b) Delegated jurisdiction
Cadastral and land registration
cases covering lots where there is
no controversy or opposition, or
contested lots the value of which
does not exceed P100,000.
c) Special jurisdiction
Petition for a writ of habeas
corpus in the absence of all the
Regional Trial Court judges in the
province or city.
Applications for bail in criminal
cases in the province or city
where the absent Regional Trial
Court judges sit.
46) What is the jurisdiction of the Shari'ah
Circuit Court?
The Shari'ah Circuit Court has jurisdiction
over the following:
a) Exclusive original jurisdiction
All civil actions and proceedings
between parties who are Muslims
or
have
been
married
in
accordance
with
Article
13
involving disputes relating to:
Marriage.

47) What does incapable of pecuniary estimation


mean?
It means that the subject matter cannot
be
quantified
into
monetary
consideration.
48) Give examples of actions that are incapable
of pecuniary estimation.
The
examples
include:
specific
performance, rescission of contract,
declaratory
relief,
reformation
of
instrument, consolidation of ownership,
expropriation
proceedings,
support
pendente lite.
49) What are the cities and municipality within
Metro Manila?
The cities and municipality within the
Metro Manila include: Caloocan, Las
Pias, Makati, Malabon, Mandaluyong,
Marikina,
Muntinlupa,
Novaliches,
Navotas,
Paraaque,
Pasay,
Pasig,
Pateros, Quezon, San Juan, Taguig, and
Valenzuela.
50) What is the totality rule?
The totality rule is provided under
Section 5 (d) of Rule 2 which states that
where the claims in all the causes of
action are principally for recovery of
money, the aggregate amount claimed
shall be the test of jurisdiction.
51) What is action?
Action is a suit filed in court for the
protection and enforcement of a right
and the prevention or redress of a wrong.
52) What is cause of action?
Cause of action is an act or omission by
which a party violates a right of another.
53) What is right of action?
Right of action is the remedial right or
right to relief granted by law to a party to
institute an action against a person who

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Divorce.
Betrothal or breach of contract
of marriage.
Customary dowry (mahr).
Disposition and distribution of
property upon divorce.
Maintenance and support, and
cosolatary gifts (mut'a).
Restitution of marital gifts.
All cases involving disputes
relative to communal properties.

has committed a delict or wrong against


him.
54) What are the kinds of action?
The kinds of actions are as follows:
a) As regards venue
Real action - action involving title
to, possession, or interest, over
real property.
Personal action - action involving
privity of contracts, personal
properties, or damages.
Mixed action - combination of a
real action and a personal action.
b) As regards acquisition of jurisdiction
over the person of the defending
party by service of summons
Action in personam - action
binding only between the parties,
or directed only against a
particular person.
Action in rem - action the
judgment of which binds the
whole world.
Action quasi in rem - action not
only directed against a particular
person but against such person's
interest over the real property
subject matter of the action.
c) Strategic Lawsuit against Public
Participation (SLAPP) - an action
whether
civil,
criminal
or
administrative, brought against any
person, institution or any government
agency or local government unit or
its officials and employees, with the
intent to harass, vex, exert undue
pressure or stifle any legal recourse
that such person, institution or
government agency has taken or
may take in the enforcement of
environmental laws, protection of the
environment
or
assertion
of
environmental rights.
55) What are the real or immovable properties
under Article 415 of the Civil Code?
The following are immovable properties:
a) Land,
buildings,
roads
and
construction of all kinds adhered to
the soil;
b) Trees, plants, and growing fruits,
while they are attached to the land or
form an integral part of an
immovable;
c) Everything attached to an immovable
in a fixed manner, in such a way that
it cannot be separated therefrom

e)

f)

g)
h)

i)

j)

56) What are the personal or movable properties


under Article 416 and 417 of the Civil Code?
The following are movable properties:
a) Those
movables
susceptible
of
appropriation which are not included
in Article 415 of the Civil Code;
b) Real property which by any special
provision of law is considered as
personal property;
c) Forces of nature which are brought
under control by science;
d) In general, all things which can be
transported from place to place
without impairment of the real
property to which they are fixed;
e) Obligations and actions which have
for
their
object
movables
or
demandable sums;

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d)

without breaking the material or


deterioration of the object;
Statutes, reliefs, paintings or other
objects for use or ornamentation,
placed in buildings or on lands by the
owner of the immovable in such a
manner that it reveals the intention
to attach them permanently to the
tenements;
Machinery, receptacles, instruments
or implements intended by the owner
of the tenement for an industry or
works which may be carried on in a
building or on a piece of land, and
which tend directly to meet the
needs of the said industry or works;
Animal
houses,
pigeon-houses,
beehives, fish ponds or breeding
places of similar nature, in case their
owner has placed them or preserves
them with the intention to have them
permanently attached to the land,
and forming a permanent part of it;
the animals in these places are
included;
Fertilizer actually used on a piece of
land;
Mines, quarries, and slag dumps,
while the matter thereof forms part of
the bed, and waters either running or
stagnant;
Docks and structures which, though
floating, are intended by their nature
and object to remain at a fixed place
of a river, lake, or coast;
Contracts of public works, and
servitudes and other real rights over
immovable property.

f)

Shares of stock of agricultural,


commercial and industrial entities,
although they may have real estate.

57) What are the remedies before the filing of an


action in court?
The remedies before the filing of an
action in court include:
a) Barangay conciliation
b) Alternative dispute resolution - a
condition precedent if there is an
express stipulation in the contract of
the parties, based on the doctrine of
party autonomy.
c) Affidavit of adverse claim - under the
Property Registration Code, a person
who has an interest over a real
property, in order to protect such
interest, may file an affidavit before
the Register of Deeds where the
property is located in order to
annotate his interest over the same.
58) What is the objective of barangay
conciliation?
The primodial objective is to reduce the
number of court litigations and prevent
the deterioration of the quality of justice
which has been brought by the
indiscriminate filing of cases in the
courts.
59) What is the rule as regards referral to
barangay conciliation?
The rule is that no complaint, petition,
action, or proceedings involving matter
within the authority of the Lupon shall be
filed or instituted directly or indirectly in
court or in any other government office
for adjudication, unless there has been a
confrontation between the parties before
the Lupon chairman or the Pangkat, and
that no conciliation or settlement has
been reached as certified by the Lupon
or Pangkat chairman.
60) What are the cases exempt from referral to
barangay conciliation?
The following cases are not required to
be referred to barangay conciliation:
a) Where one party is the government,
or any subdivision or instrumentality
thereof;
b) Where one party is a public officer or
employee, and the dispute relates to
the performance of his official
functions;

61) What are the remedies in case of dismissal


for failure to comply with barangay
conciliation?
The remedies are as follows:
a) Before the finality of the order of
dismissal,
comply
with
the
requirements and file a motion to
revive the case;
b) After the order of dismissal becomes
final and executory, comply with the
requirements and re-file the case.
62) How are actions commenced?
An action is commenced by the filing of a
complaint,
petition,
or
verified

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c) Offenses punishable by imprisonment


exceeding 1 year or a fine exceeding
P5,000;
d) Offenses where there is no private
offended party;
e) Where one party is a juridical entity;
f) Where the dispute involves real
properties located in different cities
or municipalities, unless the parties
thereto agree to submit their
differences to amicable settlement by
an appropriate lupon;
g) If disputes involving parties who
actually reside in barangays of
different cities or municipalities,
except where such barangay units
adjoin each other and the parties
thereto agree to submit their
differences to amicable settlement by
an appropriate lupon;
h) Where
the
accused
in
under
detention;
i) Where a person has otherwise been
deprived of personal liberty calling
for habeas corpus proceedings;
j) Where actions are coupled with
provisional
remedies
such
as
preliminary injunction, attachment,
appointment of a receiver, delivery of
personal property, and support
pendente lite;
k) Where the action may otherwise be
barred by the statute of limitations;
l) Where the action is barred by prior
judgment or res judicata;
m) Cases covered by Comprehensive
Agrarian Reform Program (CARP);
n) Labor cases;
o) Cases
involving
members
of
indigenous cultural communities;
p) Other cases as may be determined
by the President, as recommended by
the Secretary of Justice.

statements of claims, and payment of


the corresponding docket and other
lawful fees.
63) What is the rule concerning payment of
docket fees in case there is an increase of
monetary claim due to amended or
supplemental pleading?
In case there is an amended or
supplemental complaint increasing the
monetary claim, the claiming party is
required to pay the additional docket
fees, otherwise, the court will not acquire
jurisdiction over the excess claims.
64) What is a pleading?
Under Section 1 of Rule 6, a pleading is a
written statement of the respective
claims and defenses of the parties
submitted to the court for appropriate
judgment.
65) Is a motion a pleading?
No, a motion is not a pleading. Under
Section 1 of Rule 15, a motion is an
application for relief other than by a
pleading.
66) What are the kinds of pleadings?
The kinds of pleadings are:
a) Initiatory pleading - pleading filed by
the claiming party before the court
which commences an action.
b) Responsive pleading - pleading which
responds to the material allegations
contained in the adverse party's
pleading.
67) Distinguish
initiatory
responsive pleading.

pleading

from

INITIATORY
RESPONSIVE
1)
Commences
an 1) Responds to the
action
containing adverse
party's
plaintiff's causes of pleading.
action.
2) Needs to be verified. 2) Generally, need not
be
verified, except
those required to be
verified
under
the
3) Should contain a
Rules and law.
certification of non- 3) Need not contain a
forum shopping.
certification of nonforum
shopping,
unless
it
is
accompanied
by
a
4) There is payment of
counterclaim
or
crosscorresponding docket
claim.
fees.

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5) Includes: original 4) There is no payment


complaint; permissive of docket fees, or the
counterclaim;
cross- payment is suspended.
claim; third (fourth) 5) Includes: answer to
party
complaint; the original complaint,
permissive
complaint-incrossintervention; petition; counterclaim,
statement of claims in claim, third (fourth)
party
complaint,
a small claims case.
complaint-inintervention, amended
pleading,
supplemental
pleading; reply to all
answers; compulsory
counterclaim;
response in a small
claims case.
68) What is a complaint?
Under Section 3 of Rule 6, a complaint is
a pleading alleging the plaintiff's cause
or causes of action.
69) What is an answer?
Under Section 4 of Rule 6, answer is a
pleading in which a defending party sets
forth his defenses.
70) What is a reply?
Under Section 10 of Rule 6, reply is a
pleading the office or function of which is
to deny, or allege facts in denial or
avoidance of new matters alleged by
way of defense in the answer and
thereby join or make issue as to such
new matters.
71) What is a third (fourth) party complaint?
Under Section 11 of Rule 6, a third
(fourth) party complaint is an initiatory
pleading which contains the claim that a
defending party may, with leave of court,
file against a person not a party to the
action, called the third (fourth) party
defendant, for contribution, indemnity,
subrogation, or any other relief, in
respect of his opponent's claim.
72) What is a complaint-in-intervention?
A
complaint-in-intervention
is
an
initiatory pleading filed before the court,
with leave of court, by a person who has
a legal interest in the matter in litigation,
or against either or all of the original
parties, or is so situated as to be

adversely affected by a distribution or


other disposition of property in the
custody of the court or of an officer
thereof.
73) What is a counterclaim?
Under Section 6 of Rule 6, a counterclaim
is a pleading which contains any claim
which a defending party may have
against the opposing party.
74) What is compulsory counterclaim or
recoupment?
Under Section 7 of Rule 6, a compulsory
counterclaim is a responsive pleading
which contains a claim, being cognizable
by the regular courts of justice, that
arises out of or is connected with the
transaction or occurrence constituting
the subject matter of the opposing
party's claim and does not require for its
adjudication the presence of third parties
of which the court cannot acquire
jurisdiction.
75) What is permissive counterclaim or set-off?
A permissive counterclaim is an initiatory
pleading which contains a claim,
cognizable by the regular courts of
justice, that does not arise out of or is
not connected with the transaction or
occurrence constituting the subject
matter of the opposing party's claim and
require for its adjudication the presence
of third parties of whom the court can
acquire jurisdiction.
76) What is a cross-claim?
Under Section 8 of Rule 6, a cross-claim
is a pleading which contains a claim by
one party against a co-party arising out
of the transaction or occurrence that is
the subject matter either of the original
action or of a counterclaim therein.
77) What is a counter-counterclaim?
A counter-counterclaim is pleading which
contains a claim by the defending party
against the counter-claimant.
78) What is a counter-cross claim?
A counter-cross is a pleading which
contains a claim by the defending party
against the original cross-claimant.
79) Distinguish
principle
of
recoupment
(compulsory counterclaim) from principle of
set-off (permissive counterclaim).
COMPULSORY

PERMISSIVE

COUNTERCLAIM
1) An initiatory pleading.
2) Does not arise out of
and is not connected
with the transaction or
occurrence constituting
the subject matter of
the opposing party's
claim.
2) Requires the presence
of third parties.
4) Needs to be verified.

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COUNTERCLAIM
1)
A
responsive
pleading.
2) Arises out or is
connected
with
the
transaction
or
occurrence constituting
the subject matter of
the opposing party's
claim.
3) Does not require the
presence
of
third
parties.
4) Need not be verified,
unless
the
rules
otherwise provide.
5) Does not require a
certification
against
forum shopping.
6) Barred if not set up in
the answer or in the
amended answer.

5) Require a certification
against
forum
shopping.
6) Not barred even if not
set up in the answer,
and can be the subject
of a separate action.
7) Plaintiff must answer.

7) Plaintiff need not


answer,
unless
the 8) The plaintiff who does
rules
otherwise not answer may be
provide.
declared in default.
8) If the plaintiff did not 9) Payment of docket
answer, he cannot be fees is required.
declared in default.
9) Payment of docket
fees is suspended.
80) What is the effect of the dismissal of the
main action to the compulsory or permissive
counterclaim?
The dismissal of the main action will no
longer
affect
the
compulsory
or
permissive
counterclaim,
it
shall
proceed. It can be prosecuted in the
same case, or in a separate action.
(Padilla vs. Globe Asiatique, GR No.
207376, 6 August 2014)
81) What is the remedy in case the court
determines that there can be no complete
relief in a counterclaim or cross-claim?
Under Section 12 of Rule 6, the remedy
is the bringing in of new parties either by
way of amendment of the pleading or by
filing of a motion.
82) Can there be a counterclaim in settlement of
estate of a decedent?

Yes. Under Section 5 of Rule 86, claims of


a creditor which has not been filed within
the period fixed by the court (statute of
non-claims) may be set forth as
counterclaims in any action that the
executor or administrator may bring
against the creditor/claimant.
83) What is cause of action?
Under Section 2 of Rule 2, a cause of
action is the act or omission by which a
party violates the right of another.
84) What are the elements of a cause of action?
The elements of a cause of action are:
a) Legal right of the plaintiff;
b) Correlative
obligation
of
the
defendant not to violate the plaintiff's
right;
c) Act or omission of the defendant in
violation of the plaintiff's right, which
causes damage or injury.
85) Rule as regards joinder of causes of action.
Under Section 5 of Rule 2, a party may in
one pleading assert, in the alternative or
otherwise, as many causes of action as
he may have against an opposing party.
86) What are the conditions to be followed for a
valid joinder of causes of action?
Under Section 5 of Rule 2, the following
are the conditions:
a) The party joining the causes of action
shall comply with the rules on joinder
of parties;
b) The joinder shall not include special
civil actions or actions governed by
special rules;
c) Where the causes of action are
between the same parties but pertain
to different venues or jurisdictions,
the joinder may be allowed in the
Regional Trial Court provided one of
the causes of action falls within the
jurisdiction of said court and the
venue lies therein;
d) Where the claims in all the causes of
action are principally for recovery of
money, the aggregate amount claim
shall be the test of jurisdiction
(totality rule).
87) Rule as regards splitting of a single cause of
action.
Under Section 4 of Rule 2, if two or more
suits are instituted on the basis of the
same cause of action, the filing of one or

88) What are the effects of splitting of a cause of


action?
The effects are as follows:
a) Litis pendencia - if the first complaint
is still pending;
b) Res
judicata
(barred
by
prior
judgment) - if the first complaint has
already been decided.
89) Rule as regard misjoinder of causes of
action.
Under Section 6 of Rule 2, misjoinder of
causes of action is not a ground for
dismissal of an action. A misjoined cause
of action may, on motion of a party on
the initiative of the court, be severed and
proceeded with separately.
90) What is the remedy in case on non-joinder of
cause of action?
The remedy is for the plaintiff to amend
his pleading in order to join the nonjoined cause of action.
91) Who are the parties in a civil action?
The parties in a civil action include the
plaintiff and the defendant.
92) Who may be parties in a civil action?
Under Section 1 of Rule 3, only natural or
juridical persons, or entities authorized
by law, may be parties in a civil action.
93) Who is a real party in interest?
Under Section 2 of Rule 3, a real party in
interest is the party who stands to be
benefited or injured by the judgment in
the suit, or the party entitled to the
avails of the suit.
94) Who is a necessary party?
Under Section 8 of Rule 8, a necessary
party is one who is not indispensable but
who ought to be joined as a party if
complete relief is to be accorded as to
those already parties, or for a complete
determination or settlement of the claim
subject of the action.
95) Why should husband and wife sue and be
sued jointly?
Husband and wife shall sue and be sued
jointly
because
they
are
coadministrators of their properties under

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a judgment upon the merits in any one is


available as a ground for the dismissal of
the others.

the
Family
Code,
except
those
paraphernal or separate properties.
96) Who are minors?
Minors are those below eighteen years
old.
97) Who are incompetents?
Under Section 2 of Rule 93, incompetents
include persons suffering from the
penalty of civil interdiction or who are
hospitalized lepers, prodigals, deaf and
dumb who are unable to read and write,
those who are of unsound mind, even
though they have lucid intervals, and
persons not being of unsound mind, but
by reason of age, disease, weak mind,
and other similar causes, cannot, without
outside aid, take care of themselves and
manage
their
property,
becoming
thereby an easy prey for deceit and
exploitation.
98) Who may represent minor or incompetent
persons?
Under Section 5 of Rule 3, a minor or a
person alleged to be incompetent, may
sue or be sued, with the assistance of his
father, mother, guardian, or if he has
none, a guardian ad litem.
99) Rule as regards representatives as parties.
Under Section 3 of Rule 3, where the
action is allowed to be prosecuted or
defended
by a representative
or
someone acting in a fiduciary capacity,
the beneficiary shall be included in the
title of the case and shall be deemed to
be the real party in interest. A
representative may be a trustee of an
express trust, a guardian, an executor or
administrator, or a party authorized by
law or the Rules. An agent acting in his
own name and for the benefit of an
undisclosed principal may sue or be sued
without joining the principal except when
the contract involves things belonging to
the principal.
100) When is a class suit appropriate?
Under Section 12 of Rule 3, when the
subject matter of the controversy is one
of common or general interest to many
persons so numerous that it is
impracticable to join all as parties, a
number of them which the court finds to
be
sufficiently
numerous
and
representative as to fully protect the

101) What are the requirements of a class


suit?
The requirements are as follows:
a) The subject matter of the controversy
is one of common or general interest
to many persons;
b) The number of persons is so
numerous that it is impracticable to
join all as parties;
c) The parties actually before the court
are
sufficiently
numerous
and
representative as to fully protect the
interests of all concerned;
d) The representatives sue or defend for
the benefit of all.
102) What are the examples of representative
suits?
Representative suits include:
a) Class suit - filed regarding a
controversy of common or general
interest on behalf of many persons so
numerous that it is impracticable to
join all as parties, a number of which
the
court
finds
sufficiently
representative who may sue or
defend for the benefit of all.
b) Citizen suit - action filed by any
Filipino citizen in representation of
others,
including
minors
and
generations not yet born to enforce
rights
and
obligations
under
environmental laws.
c) Derivative suit - suit in equity that is
filed by a minority stockholder in
behalf of the corporation to redress
wrongs committed against it, for
which the directors refuse to sue, the
real party in interest being the
corporation itself.

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interests of all concerned may sue or


defend for the benefit of all.

transaction, they may be sued under the


name by which they are generally or
commonly known.
105) Rule as regards transfer of interest.
Under Section 19 of Rule 3, in case of
any transfer of interest, the action may
be continued by or against the original
party, unless the court upon motion
directs the person to whom the interest
is transferred to be substituted in the
action or joined in the original party.
106) What is the duty of the counsel in case of
death of a party?
Under Section 16 of Rule 3, whenever a
party to a pending action dies, and the
claim is not thereby extinguished, it
shall be the duty of the counsel to
inform the court within 30 days after
such death of the fact thereof, and to
give the name and address of his legal
representative or representatives.
107) What is the effect of the defendant's death
in an action on contractual money claims?
Under Section 20 of Rule 3, when the
action is for recovery of money arising
from contract, express or implied, and
the defendant dies before the entry of
judgment in the court in which the
action was pending at the time of such
death, it shall not be dismissed but
shall instead be allowed to continue
until entry of final judgment. A
favorable judgment obtained by the
plaintiff therein shall be enforced in the
manner especially provided in the
Rules for prosecuting claims against
the estate of a deceased person.

103) Rule as regards alternative defendants.


Under Section 13 of Rule 3, where the
plaintiff is uncertain against who of
several persons he is entitled to relief, he
may join any or all of them as
defendants in the alternative, although a
right to relief against one may be
inconsistent with a right of relief against
the other.

108) What are the actions that survive?


The following are actions that survive
the death of the party:
a) Actions to recover real or personal
property, or an interest therein;
b) Actions to enforce a lien on such
property;
c) Actions to recover damages for an
injury to person or property, real or
personal;
d) Actions on contractual money
claims.

104) Rule as regards entity without juridical


personality.
Under Section 15 of Rule 3, when two or
more persons not organized as an entity
with juridical personality enter into a

109) What is an indigent party?


An indigent party is a party who has no
money or property sufficient and
available for food, shelter and basic
necessities for himself and his family.

111) What is the rule on verification?


112) What are the pleadings required to be
verified?
113) What is the effect of failure to verify
the pleading?
114) What is forum shopping?
Forum shopping is an act of litigants
who repetitively avail themselves of
multiple judicial remedies in different
fora, simultaneously or subsequently,
all substantially founded on the same
transactions and the same essential
facts and circumstances, and raising
substantially similar issues
either
pending
in or already
resolved
adversely by some other court for the
purpose of increasing their chances of
obtaining a favorable decision, if not in
one court, then in another.
115) What are
shopping?

the

effects

of

forum

116) What is certification against forum


shopping?

d) Proof of failure of the defending


party to file his answer within the
time allowed therefor.
124) What is judgment by default?
A judgment by default is a judgment
rendered by the court based on the
presentation of the plaintiff's evidence
ex parte after the defendant has been
declared in default, and the award shall
not exceed the amount or be different
from the kind of prayer that the
plaintiff complained
as facts and
evidence so warrant.
125) What are the effects of an order of default?
The effects of an order of default are as
follows:
a) The defendant is entitled to notice
of subsequent proceedings;
b) The defendant cannot take part in
the trial;
c) The defendant can be a witness in
the case;
d) The defendant is entitled to receive
judgment, order or resolution and
substantially amended pleading.
126) What is the effect of an amended
pleading?
127) Can there be motu proprio declaration
of default?

117) What is a jurat?


118) Is jurat a part of a pleading?
119) What is a bill of particulars?
120) Is a bill of particulars
pleading?

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110) What are the parts of a pleading?

part

of

121) What are the manners of making


allegations?
122) What is an order of default?
A default order is issued by the court,
on plaintiff's motion and at the start of
the proceedings, for failure of the
defendant to file his responsive
pleading seasonably.
123) What are the requisites for issuance of an
order of default?
The requisites for issuance of an order
of default are as follows:
a) Valid acquisition of jurisdiction over
the person of the defendant;
b) Motion of the claiming party;
c) Notice to the defending party;

128) What are the instances where there is no


declaration of default?
There can be no declaration of default
in the following cases:
a) Annulment of marriage;
b) Declaration of nullity of marriage;
c) Legal separation;
d) Summary proceedings;
e) Small claims;
f) Environmental cases.
129) What is the remedy in case an order of
default is issued?
A party declared in default may at any
time after notice thereof and before
judgment may file a motion under oath
to set aside the order of default upon
proper showing that his failure to
answer was due to fraud, accident,
mistake, or excusable negligence, and
that he has a meritorious defense.
130) What is the remedy in case of denial of
motion to lift order of default?

131) What is summons?


Summons is a writ issued by the
branch clerk of court in the name of
the
Republic
of
the
Philippines
informing the defending party of the
filing of the action against him and
requiring him to file his responsive
pleading within the period prescribed
by the Rules, otherwise there will be
declaration of default.
132) What are the purposes of summons?
The purposes of summons are: (1) in
an action in personam, for the court to
acquire jurisdiction over the person of
the defending party; and (2) in an
action in rem or quasi in rem, for
compliance with the due process
requirement.
133) What are the kinds of summons?
The kinds of summons are:
a) Original summons - issued by the
branch clerk of court upon receipt
of the complaint and the payment
of the corresponding docket and
other lawful fees by which the
defendant is notified of the action
brought against him and requiring
him to file his responsive pleading
within the period prescribed by the
Rules.
b) Alias summons - issued by the
branch clerk of court when the
original summons has been lost or
not duly served without the fault on
the part of the plaintiff.
134) What is the rule as regards voluntary
appearance of the defending party?
Under Section 20 of Rule 14, the
defendant's voluntary appearance in
the action, without questioning the
jurisdiction of the court, shall be
equivalent to service of summons.

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In case of denial of the motion to lift


order of default, the defendant-movant
may file a motion for reconsideration of
the order of the denial of the motion to
lift order of default. In case of denial of
the motion for reconsideration, the
petition for certiorari under Rule 65 is
available on the ground of grave abuse
of discretion amounting to lack or in
excess of jurisdiction, since the order is
interlocutory
in character,
hence
unappealable.

135) What are the modes of service of


summons?
The modes of service of summons
include: (a) personal service; (b)
substituted
service;
and
(c)
extraterritorial service.
a) Personal service
By handing a copy of the
summons to the defendant in
person.
If he refuses to receive and sign
the same, by tendering it to him.
b) Substituted service
By leaving copies of the summons
at the defendant's residence with
some person of suitable age and
discretion then residing therein.
By leaving copies of the summons
at the defendant's office or
regular place of business with
some competent person in charge
thereof.
c) Extraterritorial
service
(by
publication)
Personal service.
Publication in a newspaper of
general circulation on such places
and for such time as the court
may order, in which case a copy
of the summons and order of the
court shall be sent by registered
mail to the last known address of
the defendant.
Any other manner the court may
deem sufficient.
136) What are the requisites for a valid
substituted service of summons?
The following are the requisites:
a) Personal service of summons within
a reasonable time was impossible;
b) Efforts were exerted to locate the
party;
c) The summons was served upon a
person of sufficient age and
discretion residing at the party's
residence or upon a person in
charge of the party's office or place
of business.
137) When can extraterritorial service of
summons be made?
Extraterritorial service of summons can
be made when the defendant does not
reside in the Philippines, and the action
affects the personal status of the
plaintiff, relates to, or the subject of
which is, property within the Philippines,

138) To whom should summons be served?


Summons is served:
a) Entity without juridical personality
All the defendants, by serving
upon any one of them.
Person in charge of the office or
place of business.
b) Prisoners
Upon the prisoner by the officer
having the management of the
jail or institution.
c) Minor or incompetent
Upon him personally and on his
legal guardian, if he has one, or if
none, upon his guardian ad litem.
In case of a minor, on his father
or mother.
d) Domestic private juridical entity
President.
Managing partner.
General manager.
Corporate secretary.
Treasurer.
In house counsel.
e) Foreign private juridical entity
Resident agent designated in
accordance with law for that
purpose.
If there be no such agent, on the
government official designated by
law to that effect.
On any of its officers or agents
within the Philippines.
f) Republic of the Philippines
Solicitor General.
g) Public corporations
Executive head.
Other officer or officers as the law
or the court may direct.
139) What is the remedy in case of a
judgment by default?
140) Is there judgment
modes of discovery?
141) Can the
default?

plaintiff

by
be

default

in

declared

in

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in which the defendant has or claims a


lien or interest, actual or contingent, in
which the relief demanded consists,
wholly or in part, in excluding the
defendant from any interest therein, or
the property of the defendant has been
attached within the Philippines.

142) What are the instances where there


will be declaration of default?
143) What is interpleader?
Interpleader is a remedy whereby a
person who has property whether
personal or real, in his possession, or an
obligation to render wholly or partially,
without claiming any right in both, or
claims an interest which in whole or in
part is not disputed by the conflicting
claimants, comes to court and asks that
the persons who claim the property or
who consider themselves entitled to
demand compliance with the obligation,
be
required
to
litigate
among
themselves, in order to determine finally
who is entitled to the property or
payment of the obligation.
144)

What is complaint-in-intervention?
A complaint-in-intervention is an
initiatory pleading filed before the
court, with leave of court, by a
person who has a legal interest in the
matter in litigation, or against either
or all of the original parties, or is so
situated as to be adversely affected
by a distribution or other disposition
of property in the custody of the
court or of an officer thereof.

145) Distinguish
interpleader.

intervention

INTERVENTION
1) Ancillary action.
2) Proper in any of the 4
situations under Rule
19 wherein a third
person has a legal
interest
over
the
subject matter of the
action,
or
in
the
success of either or
both of the defendant,
or
will
be
greatly
affected
in
the
disposition
of
the
property subject of the
action.
3)
Defendants
are
already original parties
to the pending action.
4) Can be filed where
the original action is

from

INTERPLEADER
1) Original action.
2) Presupposes that the
plaintiff has no interest
in the subject matter of
the action or has an
interest therein which,
in whole or in part, is
not disputed by the
other parties to the
action.

3) Defendants are being


sued
precisely
to
implead them.
4) Can be filed in the
RTC or MTC depending
on the nature of the
property
and
its

5) The remedy in case of


denial is to appeal the
denial being
a final
order or file a separate
action.
146)

assessed value.
5) The remedy is to
appeal the judgment.

When is intervention not allowed?

147) Is intervention allowed in a probate


proceeding?
148) Rule as regards the computation of
time.
149) What is a subpoena?
Subpoena is a coercive process issued by
the court or judge stating the name of
the court and the title of the action or
investigation, directed to a person and
requiring him to attend the hearing or
the trial of the action, at a stated date,
time, and place.
150) What are the kinds of subpoena?
The kinds of subpoena are as follows:
a) Subpoena ad testificandum - directed
to a person requiring him to attend
and to testify at the hearing or the
trial of an action, or at any
investigation
conducted
by
competent authority, or for the taking
of his deposition.
b) Subpoena duces tecum - directed to
a person requiring him to bring with
him any books, documents, or other
things under his control.
151) What are the grounds for the quashal of
a subpoena?
The grounds for the quashal of a
subpoena are as follows:
a) Subpoena ad testificandum The witness
is not bound
thereby;
The witness fees and kilometrage
allowed by the Rules were not
tendered when the subpoena was
served.
b) Subpoena duces tecum It is unreasonable and oppressive;
The relevancy of the books,
documents, or things does not
appear;
The person in whose behalf the
subpoena is issued fails to

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pending.

advance the reasonable cost of


production thereof;
The witness fees and kilometrage
allowed by the Rules were not
tendered when the subpoena was
served.

152) What is the effect of refusal to obey a


subpoena?
Failure by any person without adequate
cause to obey a subpoena served upon
him shall be deemed a contempt of the
court from which the subpoena is issued.
153) What is a mode of discovery?
A mode of discovery is a device to obtain
information about relevant matters on
the case from the adverse party in
preparation for trial.
154) What are the purposes of modes of
discovery?
The purposes of modes of discovery are
as follows:
a) To narrow and clarify basic issues
between the parties;
b) For ascertaining facts relative to the
issue of the case;
c) To obtain full knowledge of the issues
and facts of the case;
d) To avoid perjury and detection of
false and fraudulent claims and
defenses;
e) To expedite the proceedings;
f) To simplify the issues.
155) What are the modes of discovery under
the Rules?
The modes of discovery under the Rules
are as follows:
a) Deposition pending action (Rule 23);
b) Deposition before action (Rule 24);
c) Interrogatories to parties (Rule 25);
d) Admission by adverse party (Rule
26);
e) Production
and
inspection
of
documents or things (Rule 27);
f) Physical and mental examination
(Rule 28).
156) When
is
mental
examination available?

and

physical

157) What is deposition?


Deposition is the taking of the testimony
of any person, upon oral or written
interrogatories, whether a party or not,
at the instance of any party.

159) What are the uses or purposes of


deposition?
The purposes of taking depositions are
as follows:
a) Assist the parties in ascertaining the
truth and in checking and preventing
perjury;
b) Provide an effective means of
detecting and exposing false and
fraudulent claims and defenses;
c) Make
available
in
a
simple,
convenient and inexpensive way
facts which otherwise could not be
proved except with greater difficulty;
d) Educate the parties in advance of
trial as to the real value of their
claims
and
defenses
thereby
encouraging settlement;
e) Expedite litigation;
f) Prevent delay;
g) Simplify and narrow down issues;
h) Expedite
and
facilitate
both
preparation and trial of cases.
160) What is the limitation on the taking of
deposition?
The examination should not cover
matters which are otherwise privileged in
character.
161) Who may take depositions?
The following may take depositions:
a) Within the Philippines
Judge;
Notary public;
Any
person
authorized
to
administer oaths, if the parties so
stipulates in writing.
b) Outside the Philippines
Secretary of embassy or legation,
consul general, consul, viceconsul, or consular agent of the
Republic of the Philippines;

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158) What are the kinds of deposition?


The kinds of deposition are as follows:
a) Deposition de bene esse - testimony
of a witness or a party pending
action.
b) Deposition
in
perpetuam
rei
memoriam - testimony of a witness
or party before action.
c) Deposition of minor witness by
videotape.
d) Deposition by oral examination.
e) Deposition by written interrogatories.

162)

Such person or officer as may be


appointed by commission or
under letters rogatory;
Any person authorized
to
administer oaths, if the parties so
stipulates in writing.

What is written interrogatory?

163) Distinguish interrogatory under Rule 23


from that under Rule 25.
RULE 23
RULE 25
1) The deponent is a 1) Directly served to the
third
person
not adverse party.
necessarily a party.
2) required to be taken 2) No officer to take the
deposition is required.
by a deposition officer.
164) Are the provisions
applicable suppletorily
cases?

of Rule 23
to criminal

165) What is letter rogatory?


A letter rogatory is an instrument
whereby a foreign court is informed of
the pendency of a case and the name of
the foreign witness, and is requested to
cause their depositions to be taken in
due course of law for the furtherance of
justice, with an offer on the part of the
court making the request, to do the like
for the other, in a similar case.
166) What is letter of commission?
A letter of commission is an instrument
issued by a court of justice, or other
competent tribunal, to authorize a
person to take depositions, or do any
other act nu authority of such court or
tribunal.
167) Distinguish letter rogatory from letter of
commission.
LETTER ROGATORY

LETTER OF
COMMISSION
1) Addressed to a nonjudicial foreign officer
who
will
take
the
deposition.

1) Addressed to
a
judicial officer of a
foreign country who
will direct the taking of
the deposition.
2)
The
procedure 2) The rules which are
applicable will that be applicable are those of
the requesting country.
of the foreign court.
3)
Allowed
if
the
3)
Allowed
if
of
the
commission
was permission

168) Is the use of deposition of a


deceased person a violation of the
hearsay evidence rule?
169) What is the period to file answer to
interrogatories?
170) What are the requirements for an
answer to interrogatories?
171) What is the remedy if the answer is
not verified?

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disallowed
by
the foreign court is given.
4) Leave of court is not
foreign country.
4)
Leave of court is necessary.
necessary.

172) What are the effects of failure to file


answer to interrogatories?
The effects of failure to file answer to
interrogatories are as follows:
a) The court may strike out all or any
part of any pleading of the party who
failed to file the answer;
b) The court may dismiss the action or
proceeding or any part thereof;
c) The court may enter a judgment y
default against the party who failed
to file the answer;
d) The court may order such party to
pay reasonable expenses incurred by
the other party, including attorney's
fees.
173) What is admission?
An admission is any statement of fact
made by a party against his interest or
unfavorable to the conclusion for which
he contends or is inconsistent with the
acts alleged by him.
174) What is the effect of failure to file
an answer to request for admission?
175) What is production and inspection of
thing document?
176)

What are the purposes of Rule 27?

177) Distinguish Rule 27 from subpoena duces


tecum.
RULE 27
1) It is a
discovery.

mode

SUBPOENA DUCES
TECUM
of 1) It is a writ or process
of
compelling
production of evidence.

2) It is directed against
any
person
which
includes the litigants.
3) It can be availed of by
3) It can be availed of means of a request
by motion.
which is issued ex
parte.
2) It is directed to party
litigants.

178) Distinguish Rule 27 from the exception to


the best evidence rule (original is in the
possession of the adverse party).
RULE 27

EXCEPTION TO THE
RULE
1) It is a mode of 1) It is an exception to
discovery.
the best evidence rule.
2) It can be done by
2) It can be availed of notice.
by motion.
3) The movant has no 3)
The
party
has
prior knowledge on the knowledge
of
the
contents
of
the contents
of
the
documents
to
be documents
to
be
produced.
produced.
179)

What is trial?
Trial is a judicial process of
investigating and determining the
legal controversies, starting with the
production of evidence by the
plaintiff and ending with his closing
arguments.

180)

Distinguish hearing from trial.


Hearing is broader in its scope as it
includes pre-trial conference, hearing
on the motion, and trial; while trial is
limited only to the presentation of
evidence and witnesses before the
court.

181) What are the instances where there is no


trial?
Trial is no longer necessary for the
adjudication of the action in the
following cases:
a) When the case falls under the
Rules on Summary Procedure in
civil cases;
b) When the parties enter into an
amicable
settlement
or
compromise of their claims;
c) In case of dismissal of the action
under Rule 16;
d) In case of dismissal of the action
under Sections 1, 2 and 3 of Rule
17;

182)

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e) In case of dismissal of the action


for failure of the plaintiff to
appear during pre-trial conference
under Rule 18;
f) In case of judgment on the
pleadings under Rule 34;
g) In case of summary judgment
under Rule 35;
h) In case of amicable settlement
during Judicial Dispute Resolution
(JDR);
i) In case of amicable settlement by
virtue of Alternative Dispute
Resolution (ADR);
j) When the parties to any action
agree, in writing, upon the facts
involved in the litigation, and
submit the case for judgment on
the facts agreed upon, without
the introduction of evidence
under Section 6 of Rule 30.
What are the kinds of trial?

183) Can the court motu proprio order to


have a trial by commissioner?
184) What are the instances where trial
by commissioner is allowed?
185)

What is demurrer to evidence?


Demurrer to evidence is a motion for
dismissal of the case made by the
defendant on the ground that, upon
the facts and the law, the plaintiff has
shown no right to relief.

186) Distinguish demurrer to evidence in civil


case from that of criminal case.
CIVIL CASE
CRIMINAL CASE
1) Leave of court is not 1) A demurrer is filed
required before filing a with or without leave of
demurrer.
court.
2) If the demurrer is
granted, the order of 2) If the demurrer is
dismissal is appealable. granted, the order of
dismissal
is
not
appealable because of
the constitutional policy
3) If the demurrer is
against
double
denied, the defendant
jeopardy.
may
proceed
to 3) If the demurrer is
present his evidence.
denied, the accused
may
adduce
his
evidence only if the
demurrer is filed with

4) The court, cannot on


its own make
a
demurrer.

leave of court. He
cannot
present
his
evidence if he filed the
demurrer without leave
of court.
4) The court can make a
demurrer on its own.

187)

What is judgment on the pleadings?

188)

What is summary judgment?

189) Distinguish judgment on the pleadings


from summary judgment.
JUDGMENT ON
SUMMARY
THE PLEADINGS
JUDGMENT
1) There is an absence 1) Involves an issue, but
of a factual issue in the the
issue
is
not
case
because
the genuine. The issue is
answer
tenders
no only as to the amount
issue at all.
of damages but not as
to any material fact.
2)
A
motion
for 2) A motion for summary
judgment
on
the judgment may be filed
pleadings is filed by the either by the claiming
claiming party.
or defending party.
3)
Based
on
the
3)
Based
on
the pleadings,
affidavits,
pleadings alone.
depositions
and
admissions.
4) Only a three-day
4) A ten-day notice to
notice to the adverse
the adverse party is
party is required prior
required.
to the date of the
hearing.
190)

What is judgment?
Judgment is the final ruling by a court
of competent jurisdiction regarding
the rights or other matters submitted
to it in an action or proceeding.

191)

What is final order?


Final order is an order issued by the
court which disposes of the subject
matter in its entirety or terminates a
particular proceeding or action,
leaving nothing more to be done
except to enforce by execution what
the court has determined.

192)

What is interlocutory order?


Interlocutory order is an order that
does not finally dispose of the case
and does not end the court's task of

193) Distinguish
final
interlocutory order.
FINAL ORDER

order

from

an

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adjudicating the parties' contentions


and determining their rights and
liabilities as regards each other, but
obviously indicates that other things
remain to be done by the Court.

INTERLOCUTORY
ORDER
1) One which does not
dispose of the case
completely but leaves
something
to
be
decided upon by the
court.

1) One which disposes


of the subject matter in
its
entirety
or
terminates a particular
proceeding or action,
leaving nothing to be
done but to enforce by
execution what has
been determined by
2) Not appealable.
the court.
3) The remedy is to file
2) Appealable.
a
motion
for
3) The remedy is to file
reconsideration, and in
a
motion
for
case of denial, file a
reconsideration, and in
petition for certiorari.
case of denial, file an
appeal.
194) Article II, Sec. 14 of the 1987
Constitution.
No court shall render a decision
without stating clearly and distinctly
the facts and the law on which it is
based.
No petition for review or motion for
reconsideration of a decision of the
court shall be refused due course or
denied without stating the legal basis
thereof.
195)

What is res judicata?


Under the doctrine of res judicata, an
existing final judgment or decree
rendered by a court of competent
jurisdiction, upon any matter within
its jurisdiction, is conclusive of the
rights of the parties and their privies,
in all other actions or suits in the
same or any other judicial tribunal of
concurrent jurisdiction on the points
and matters in issue in the first suit.

196)

What is the law of the case?


Law of the case has been defined as
the opinion delivered on a former
appeal. It is a term applied to an
established rule that when an

appellate court passes on a question


and remands the case to the lower
court for further proceedings, the
question there settled becomes the
law of the case upon subsequent
appeal.
197)

What is conclusiveness of judgment?


Conclusiveness of judgment is a
concept of res judicata where there is
identity of parties in the first and
second case, but no identity of
causes of action, the first judgment is
conclusive only as to those matters
actually and directly controverted
and determined and not as to
matters merely involved therein.

198) What is the doctrine of immutability of


judgment?
Under the doctrine of immutability of
judgment a decision that has
acquired finality becomes immutable
and unalterable and may no longer
be modified in any respect, even if
the modification is meant to correct
erroneous conclusions of fact or law
and whether it will be made by the
court that rendered it or by the
highest court of the land.
199) What are the exceptions to the doctrine
of immutability of judgment?
The exceptions to the doctrine of
immutability of judgment are as
follows:
a) Correction of clerical errors;
b) Nunc pro tunc entries which
cause no prejudice to any party;
c) Whenever
circumstances
transpire after the finality of the
decision rendering its execution
unjust and inequitable;
d) In
cases
of
special
and
exceptional nature as when facts
and
circumstances
transpire
which render the judgment's
execution impossible or unjust,
when necessary in the interest of
justice to direct its modification to
harmonize the disposition with
prevailing circumstances
e) Void judgments;
f) When there is a strong showing
that grave injustice would result
from the application of the Rules;
g) When there are grounds for
annulment of the judgment or a
petition for relief.

201) What
orders
executory?

are

immediately

202)

What are the kinds of judgment?

203)

What is rendition of judgment?


The filing of the judgment or final
order with the clerk of court is what
constitutes rendition of judgment.

204)

What is promulgation of judgment?

205)

What is entry of judgment?

206)

What is motion for new trial?


Motion for new trial is an application
for relief requesting that the judge
set aside the judgment and order a
new trial on the basis that the trial
was improper or unfair due to
specified prejudicial errors that
occurred.

207)

What is motion for reconsideration?

208)

What is trial de novo?

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200) What are the procedural requirements


for a valid judgment?
A judgment or final order determining
the merits of the case shall be in
writing
personally
and
directly
prepared by the judge, stating clearly
and distinctly the facts and the law
on which it is based, signed by him,
and filed with the clerk of court.

216) What is petition for annulment of


judgment?
217) What is the remedy in case of denial
of
a
petition
for
annulment
of
judgment?
218) What are the effects of the granting
of
a
petition
for
annulment
of
judgment?
219)

What is execution?

220)

What are the kinds of execution?

221) What are the grounds for


quashal of a writ of execution?
222) What are the
from execution?

224)

226) What are the effects of a foreign


judgment?
227) What are the grounds for attacking
a foreign judgment?
228)

What is appeal?
Appeal is a civil law procedure whose
office is to remove the entire cause
and subjects the transcript to a
scrutiny of fact and law and is in
substance a new trial.

229)

When can appeal be taken?


Appeal may be taken from a
judgment
or
final
order
that
completely disposes of the case, or of
a particular matter therein when
declared by the rules to be
appealable.

230)

When is an appeal perfected?

212) Distinguish new trial under Rule 37


from that under Rule 53.
petition

for

relief

from

214) What is the petition for the filing of


a petition for relief from judgment?
215)

Distinguish Rule 38 from Rule 47.

What is terceria?

225) What are the effects of a local


judgment?

211) Distinguish reconsideration under


Rule 37 from that under Rule 52.

213) What is
judgment?

exempt

223) What are the exceptions to the rule


that family home is not subject to
execution?

209) What are the effects of granting a


motion
for
new
trial
or
for
reconsideration?
210) What is the remedy in case of denial
of a motion for new trial or for
reconsideration?

properties

the

231) What are the judgments and final orders


that are unappealable?
No appeal may be taken from:

232) What are the residual powers of the


court?
Prior to the transmittal of the original
record or the record on appeal, the
court may:
a) Issue orders for the protection
and preservation of the rights of
the parties which do not involve
any matter litigated by the
appeal;
b) Approve compromises;
c) Permit
appeals
of
indigent
litigants;
d) Order execution pending appeal
in accordance with Section 2 of
Rule 39;
e) Allow withdrawal of the appeal.
233)

What is a status quo order?


A status quo order is an order issued
by the court to maintain the last
actual peaceable, uncontested status
which
precedes
the
pending
controversy.

234) What are the grounds for dismissal of an


appeal?
The grounds for dismissal of an
appeal are as follows:
a) Failure of the record on appeal to
show on its face that the appeal
was taken within the period fixed
by the Rules;
b) Failure to file the notice of appeal
or the record on appeal within the
period prescribed by the Rules;

c) Failure of the appellant to pay the


docket and other lawful fees;
d) Unauthorized
alterations,
omissions or additions in the
approved record on appeal;
e) Failure of the appellant to serve
and file the required number of
copies
of
his
brief
or
memorandum within the time
provided by the Rules;
f) Absence of specific assignment of
errors in the appellant's brief, or
of page references to the record;
g) Failure of the appellant to take
the necessary steps for the
correction or completion of the
record within the time limited by
the court in its order;
h) Failure of the appellant to appear
at the preliminary conference or
to comply with orders, circulars,
or directives of the court without
justifiable cause;
i) The fact that the order or
judgment appealed from is not
appealable.

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a) An order denying a petition for


relief or any similar motion
seeking relief from judgment;
b) An interlocutory order;
c) An order disallowing or dismissing
an appeal;
d) An order denying a motion to set
aside a judgment by consent,
confession or compromise on the
ground of fraud, accident, mistake
or duress, or any other ground
vitiating consent;
e) An order of execution;
f) A judgment or final order for or
against one or more of several
parties or in separate claims,
counterclaims, cross claims, and
third-party complaints, while the
main case is pending, unless the
court allows an appeal therefrom;
g) An order dismissing an action
withour prejudice.

235)

Distinguish Rule 45 from Rule 65.

RULE 45
RULE 65
1) Petition for review on 1) Special civil action for
certiorari
is
a certiorari is an original
continuation
of
the action or independent
appellate process over action based on grave
the original action.
abuse
of
discretion
amounting to lack or
excess of jurisdiction.
2) Proper to
correct
2) Proper where the
errors of jurisdiction
error is not one of
committed by the lower
jurisdiction but an error
court, or grave abuse of
of law or fact which is
discretion
which
is
mistake of judgment.
tantamount to lack of
3) Invokes the appellate jurisdiction.
3) Invokes the original
jurisdiction
of
the
jurisdiction of the court.
court.
4) Filed within 60 days
4) Filed within the
from
notice
of
period
of
appeal,
judgment,
order,
or
usually 15 days from
resolution,
or
from
notice of the judgment
notice of denial of a
or within 30 days
motion
for
where a record of
reconsideration.
appeal is required.
5) The parties to an
5) Impleads the tribunal,
appeal are the original
court, board, or officer.

236) What are the exceptions to the rule


that only questions of law can be raised
under Rule 45?
237)

Distinguish Rule 43 from Rule 45.

238)

What are provisional remedies?


Provisional remedies are temporary,
auxiliary, and ancillary remedies
resorted to by litigants to preserve or
protect their rights or interest while
the main action is pending, to secure
the judgment, to preserve the status
quo, or to preserve the subject
matter of the action.

239)

What is special civil action?

240) What are the provisional remedies under


the Rules?
The provisional remedies under the
Rules are the following:
a) Preliminary attachment (Rule 57);
b) Preliminary injunction (Rule 58);
c) Receivership (Rule 59);
d) Replevin (Rule 60);
e) Support pendente lite (Rule 61).
241) What are
remedies?

the

other

provisional

242) What are the special civil actions under


the Rules
The special civil actions under the
Rules are the following:
a) Interpleader (Rule 62);
b) Declaratory relief, quieting of
title, reformation of instrument,
and consolidation of title (Rule
63);
c) Review of judgments, final order
and resolution of the COMELEC
and COA (Rule 64);
d) Certiorari,
prohibition
and
mandamus (Rule 65);
e) Quo warranto (Rule 66);
f) Expropriation (Rule 67);
g) Foreclosure
of
real
estate
mortgage (Rule 68);
h) Partition (Rule 69);
i) Forcible
entry
and
unlawful
detainer (Rule 71);
j) Contempt (Rule 72).
243)

What is preliminary attachment?

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parties to the case.

Preliminary
attachment
is
a
provisional remedy issued upon order
of the court where the action is
pending, to be levied upon the
property
or
properties
of
the
defendant therein, the same to be
held thereafter by the sheriff as
security for the satisfaction of
whatever
judgment
might
be
rendered in said action in favor of the
attaching
creditor
against
the
defendant.
244)

What are the kinds of attachment?

245) What are the grounds for


issuance of a writ of attachment?

the

246) What are the requisites for the issuance


of a writ of attachment?
The requisites for the issuance of a
writ of attachment are as follows:
a) Affidavit showing:
A sufficient cause of action
exists;
That the case is one of those
enumerated under the Rules;
That there is no other
sufficient security for the
claim sought to be enforced
by the action;
That the amount due the
applicant, or the value of the
property the possession of
which he is entitled to
recover, is as much as the
sum for which the order is
granted
above
all
legal
counterclaims.
b) The affidavit and the bond
required must be duly filed with
the court.
247)

What are the stages of attachment?

248) What is the remedy in case a writ of


attachment is issued?
249) What is the remedy in case a writ of
attachment remains unsatisfied?
250) What are the grounds for
quashal of a writ of attachment?

the

251) What is the remedy in case the writ


is excessive?

253)

254)
a)
b)

255)

What is preliminary injunction?


Preliminary injunction is an order
granted at any stage of an action or
proceeding prior to the judgment or
final order, requiring a party or a
court, agency or person to refrain
from a particular act or acts.
What are the kinds of injunction?
The kinds of injunction are as follows:
Prohibitory injunction - commands a
party to refrain from doing a particular
act.
Mandatory injunction - commands the
performance of some positive act to
correct a wrong in the past.

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252) Can there be an ex parte issuance of


a writ of attachment?

262)

263) Can
a
preliminary
investigation/criminal proceeding be
restrained by an injunction?
264) Can a lawful act of the government
in the protection of environment be
enjoined?
265) Is mandamus available to compel a
prosecutor to file an information?
266)

What is the purpose of injunction?

256) What is the doctrine of strong arm of


equity?
Under the doctrine of strong arm of
equity, there is no power the exercise
of which is more delicate and which
calls for greater circumspection than
the issuance of an injunction. It
should only be extended in cases of
great injury where courts of law
cannot afford an adequate or
commensurate remedy in damages.

When is injunction not available?

What is declaratory relief?


Declaratory relief is a special civil
action brought in the Regional Trial
Court by a person who is interested
under a deed, will, contract, or other
written instrument, or whose rights
are affected by a statute, executive
order or regulation, ordinance, or any
other government regulation, before
breach or violation thereof, asking
the court to determine any question
of construction or validity arising, and
for a declaration of his rights or
duties, thereunder.

259) Distinguish preliminary prohibitory


injunction from prohibition.

267) What are the requisites for declaratory


relief?
The requisites for an action for
declaratory relief are the following:
a) The subject matter of the
controversy must be a deed, will,
contract
or
other
written
instrument, statute, executive
order or regulation, or ordinance;
b) The terms of said documents and
the validity thereof are doubtful
and require judicial construction;
c) There must have been no breach
of the documents in question;
d) There
must
be
an
actual
justifiable controversy or the
"ripening seeds" of one between
persons whose interests are
adverse;
e) The issue must be ripe for judicial
determination;
f) Adequate relief is not available
through other means or other
forms of action or proceeding.

260) What is a
order (TRO)?

268) Jurisdiction
and
declaratory relief.

257) What are the grounds


issuance of an injunction?

for

the

258) What does irreparable damage or injury


mean?
Irreparable damage or injury is such
damage or injury of such constant
and frequent recurrence that no fair
or reasonable redress can be had
therefor in a court of law, or where
there is no standard by which their
amount can be measured with
reasonable accuracy, that is, it is not
susceptible
of
mathematical
computation.

temporary

restraining

261) Distinguish TRO from status quo


order.

269)

venue

for

What is reformation of instrument?

271)

of

What is quieting of title?

272) Jurisdiction and venue of quieting of


title?
273)

What is consolidation of ownership?

274) What is receivership?


Receivership is an ancillary remedy in a
proceeding which is incidental to the
main proceeding, the object of which is
the prevention of imminent danger to
the property.
275) What are the grounds for receivership?
The grounds for the appointment of a
receiver are as follows:
a) When it appears from the verified
application, and such other proof as
the court may require, that the
party applying for the appointment
of a receiver has an interest in the
property or fund which is the
subject of the action or proceeding,
and that such property or fund is in
danger of being lost, removed, or
materially injured unless a receiver
be appointed to administer and
preserve it;
b) When it appears in an action by the
mortgagee for the foreclosure of a
mortgage that the property is in
danger
of
being
wasted
or
dissipated or materially injured, and
that
its
value
is
probably
insufficient
to
discharge
the
mortgage debt, or that the parties
have so stipulated in the contract of
mortgage;
c) After judgment, to preserve the
property during the pendency of an
appeal, or to dispose of it according
to the judgment, or to aid execution
when the execution has been
returned
unsatisfied
or
the
judgment obligor refuses to apply
his property in satisfaction of the
judgment, or otherwise carry the
judgment into effect;
d) Whenever in other cases it appears
that the appointment of a receiver
is the most convenient and feasible
means of preserving, administering,
or disposing of the property in
litigation.

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270) Jurisdiction
and
venue
reformation of instrument.

276) What
are
receivership?

the

requisites

for

277) What are the powers and functions of a


receiver?
The powers of a receiver includes:
a) To bring and defend, in such
capacity, actions in his own name;
b) To take and keep possession of the
property in controversy;
c) To receive rents;
d) To collect debts due to himself as
receiver or to the fund, property,
estate, person, or corporation of
which he is the receiver;
e) To compound for and compromise
the same;
f) To make transfers;
g) To pay outstanding debts;
h) To divide the money and other
property that shall remain among
the persons legally entitled to
receive the same;
i) To do such acts respecting the
property
as
the
court
may
authorize.
278) What is replevin?
Replevin is an action to recover
possession of personal property of
which the plaintiff claims the right of
immediate possession.
279) What are the requisites for the application
for a writ of replevin?
The requisites for the application for a
writ of replevin are the following:
a) Affidavit must show:
That the applicant is the
owner
of
the
property
claimed,
particularly
describing it, or is entitled to
the possession thereof;
That the property is wrongfully
detained by the adverse
party, alleging the cause of
detention thereof according to
the best of his knowledge,
information, and belief;
That the property has not
been distrained or taken for a
tax assessment or a fine
pursuant to law, or seized
under a writ of execution or
preliminary attachment, or
otherwise
placed
under
custodia legis, or if so seized,

280) What is the remedy in case a writ of


replevin is issued?
The adverse party, at any time before
the delivery of the property to the
applicant, require the return thereof, by
filing with the court where the action is
pending a bond executed to the
applicant, in double the value of the
property as stated in the applicant's
affidavit for the delivery thereof to
applicant, if such delivery be adjudged,
and for the payment of such sum to
him as may be recovered against the
adverse party, and by serving a copy of
such bond on the applicant.
281) Is a bond required if the applicant is
the State?
282) What is support pendente lite?
Support pendente lite is the amount
adjudicated by the trial court during
the pendency of an action for support
upon application by the plaintiff at the
commencement of the proper action or
at anytime afterwards.
283) What are the requisites for the application
for support pendente lite?
The requisites for the application for
support pendente lite are the following:
a) A verified application for support
pendente lite;
b) State the grounds for the claim;
c) State the financial conditions of
both parties;
d) Affidavits, depositions or other
authentic documents in support
thereof.
284) What is the remedy if the party liable does
not give support?
If the adverse party fails to comply with
an order granting support pendente
lite, the court shall, motu proprio or
upon motion, issue an order of
execution
against
him,
without
prejudice to his liability for contempt.
285) What is contempt?

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that it is exempt from such


seizure or custody;
The actual market value of the
property.
b) Give a bond, executed to the
adverse party in double the value
of the property as stated in the
affidavit.

Contempt is a wilful disregard or


disobedience to the court by acting in
opposition to its authority, justice and
dignity.
286) What are the kinds of contempt?
The kinds of contempt are:
a) Direct
contempt
contempt
committed in the presence of or so
near the judge as to obstruct him in
the administration of justice.
b) Indirect contempt - contempt which
consists of wilful disobedience of
the lawful process or order of the
court.
c) In-court contempt - contempt which
disrupts the court proceedings and
for which a hearing and formal
presentation
of
evidence
are
dispensed with.
d) Out-of-court contempt - contempt
which
requires
the
normal
adversary procedures, drawn for
the purpose of prescribing what
procedures
must
attend
the
exercise of a court's authority to
deal with contempt.
e) Criminal contempt - consists in
conduct that is directed against the
authority and dignity of a court or
of a judge acting judicially, as in
unlawfully assailing or discrediting
the authority and dignity of the
court or judge, or in doing a duly
forbidden act.
f) Civil contempt - consists in the
failure to do something ordered to
be done by a court or judge in a
civil case for the benefit of the
opposing party therein.
287) What are the grounds for indirect
contempt?
The grounds for indirect contempt
are:
a) Misbehavior of an officer of a
court in the performance of his
official duties or in his official
transactions;
b) Disobedience of or resistance to a
lawful writ, process, order, or
judgment of a court, including the
act of person who, after being
dispossessed or ejected from any
real property by the judgment or
process of any court of competent
jurisdiction, enters or attempts or
induces another to enter into or
upon such real property, for the

d)

e)
f)
g)

288) What is the remedy in case of indirect


contempt?
The judgment or final order of a court
in a case of indirect contempt may be
appealed to the proper court as in
criminal cases.
289) What are the grounds for direct contempt?
The grounds for direct contempt are:
a) Misbehavior in the presence of or
so near a court as to obstruct or
interrupt the proceedings before
the same;
b) Disrespect toward the court;
c) Offensive
personalities
toward
others;
d) Refusal to be sworn or to answer as
a witness;
e) Refusal to subscribe an affidavit or
deposition when lawfully required
to do so.
290) What is the remedy in case of adverse
decision for direct contempt?
The person adjudged in
direct
contempt by any court may not appeal
therefrom, but may avail himself of the
remedies of certiorari or prohibition.
291) Can a quasi-judicial
person in contempt?

body

cite

292) If there is no provision granting the power


of contempt, where should the case be filed?

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c)

purpose of executing acts of


ownership or possession, or in
any
manner
disturbs
the
possession given to the person
adjudged to be entitled thereof;
Any abuse of or any unlawful
interference with the processes or
proceedings of a court not
constituting
direct contempt
under Section 1 of Rule 71;
Any improper conduct tending,
directly or indirectly, to impede,
obstruct,
or
degrade
the
administration of justice;
Assuming to be an attorney or an
officer of a court, and acting as
such without authority;
Failure to obey a subpoena duly
served;
The rescue, or attempted rescue,
of a person or property in the
custody of an officer by virtue of
an order or process of a court
held by him.

The Regional Trial Court of the place


wherein the contempt has been
committed shall have jurisdiction over
such charges as may be filed therefore.
293) What is partition?
Partition is the separation, division and
assignment of a thing held in common
among those to whom it may belong.
294) Jurisdiction and venue of partition.
Jurisdiction is with the Regional Trial
Court or the Municipal Trial Court,
depending on the value of the personal
property or assessed value of the real
property involved.
Venue in case the subject matter of the
action is a real property is where the
property is located or any portion
thereof is situated; in case the subject
matter of the action is a personal
property, the venue lies with the
residence of the plaintiff or residence
of the defendant at the election of the
plaintiff.
295) What are the stages of partition?
The stages of partition are:
a) Determination of existence of coownership;
b) Actual partitioning of the subject
property.
296) What are the orders or judgments in
partition that are appealable?
The following orders or judgments are
appealable:
a) Final order decreeing partition and
accounting.
297) What is Rule 64?
Rule 64 governs the review of
judgments
and
final
orders
or
resolutions of the Commission on
Elections and Commission on Audit.
298) Distinguish Rule 64 from Rule 65.
RULE 64
RULE 65
1) Involves the review of 1) Involves the review of
the
judgment,
final the decision, order, or
order, or resolution of resolution of the court
the COMELEC and COA. or tribunal exercising
judicial
and
quasijudicial functions.
2) The petition shall be 2) The petition shall be
filed to the Supreme filed within 60 days
Court within 30 days

3) Filing of a motion for


reconsideration can be
made if allowed by the
rules
of
the
Commission.

from the notice of the


judgment, order, or
resolution, or the notice
of the denial of the
motion
for
reconsideration
or
motion for new trial.
3) Filing of a motion for
reconsideration is a
condition sine qua non
for the filing of the
petition, unless it falls
under the exceptions.

299) What is certiorari?


Certiorari is a special civil action which
lies only to correct acts rendered
without jurisdiction, in excess of
jurisdiction, or with grave abuse of
discretion.
300) What is prohibition?
Prohibition is a special civil action
against a tribunal, corporation, officer,
or person exercising judicial, quasijudicial, or ministerial function acting or
about to act without jurisdiction or in
excess of jurisdiction, or with grave
abuse of discretion amounting to lack
or excess of jurisdiction, praying that
judgment be rendered commanding
the respondent to desist from further
proceeding in the action or matter
specified therein, or otherwise granting
such incidental reliefs as law and
justice may require.
301) What is mandamus?
Mandamus is a special civil action
against a tribunal, corporation, board,
officer, or person who is alleged to
have
unlawfully
neglected
the
performance of an act which the law
specifically enjoins as a duty resulting
from an office, trust, or station, or
unlawfully excluded another from the
use and enjoyment of a right or office
to which such other is entitled, praying
that
judgment
be
rendered
commanding
the
respondent,
immediately or at some other time to
be specified by the court, to do the act
required to be done to protect the
rights of the petitioners and to pay the
damages sustained by the petitioner
by reason of the wrongful acts of the
respondents.

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from the notice of the


judgment or final order
sought to be reviewed.

302) Distinguish certiorari from prohibition and


mandamus.
CERTIORARI
PROHIBITION
MANDAMUS
1) Intended to 1) Intended to 1) Intended to
correct an act prevent
the compel
the
performed by commission or performance
the
carrying out of of an act.
respondent.
an act.
2) Extends to 2) Extends only
2) Extends only discretionary
to ministerial
to
and ministerial acts.
discretionary
acts.
Available
acts.
3)
Available 3)
against
3)
Lie
only against
respondents
against
a respondents
respondent
who
exercise who exercise
or
exercising
judicial and/or judicial
quasi-judicial
judicial
or non-judicial
functions.
quasi-judicial
functions.
functions.
303) What is the doctrine of material dates
rule?
Under the material dates rule, a
petition must allege 3 material dates
which is necessary which are as
follows:
a) The date when the judgment or
final order or resolution was
received;
b) The date when the motion for
reconsideration or new trial was
filed;
c) The date when the notice of denial
of such motion for reconsideration
or new trial was received.
304) What is quo warranto?
Quo warranto is a special civil action
brought in the name of the Republic of
the Philippines against (a) a person
who usurps, intrudes into, or unlawfully
holds or exercises a public office,
position, or franchise, or (b) a public
officer who does an act which
constitutes a ground for the forfeiture
of his office, or (c) an association which
acts as a corporation within the
Philippines
without
being
legally
incorporated or without authority so to
act.
305) Jurisdiction and venue of quo warranto.

306) What is expropriation?


Expropriation is a special civil action to
enforce the right of the state to acquire
private property for public use upon
payment of just compensation.
307) Jurisdiction and venue of expropriation?
The Regional Trial Court has exclusive
original jurisdiction over complaint for
expropriation since the subject matter
of which is the right of the state to
expropriate a private property upon
payment of just compensation, which is
incapable of pecuniary estimation.
308) What are the orders or judgments in
expropriation that are appealable?
The following orders or judgments are
appealable:
a) Final order sustaining the right to
expropriate the property.
309) What is foreclosure?
Foreclosure is the equitable action by
which a mortgagee or a pledgee or any
other lien holder cuts off the right of
the debtor whose property is pledged,
because of default in meeting the
obligation.
310) What is foreclosure of mortgage?
Foreclosure of mortgage is the
termination of all the rights of the
mortgagor in the property covered by
the mortgage.
311) Jurisdiction and venue of foreclosure of real
estate mortgage.
The court which has jurisdiction over
an action for foreclosure of real estate
mortgage shall be the Regional Trial
Court or the Municipal Trial Court based
on its assessed value.
An action for foreclosure of real estate
mortgage is a real action which

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Under Section 7 of Rule 66, an action


can be brought only in the Supreme
Court, the Court of Appeals, or in the
Regional
Trial
Court
exercising
jurisdiction over the territorial area
where the respondent or any of the
respondents resides, but when the
Solicitor General commences the
action, it may be brought in a Regional
Trial Court in the City of Manila, in the
Court of Appeals, or in the Supreme
Court.

involves interest in a real property,


hence the venue is where the property
is located or any portion thereof is
situated.
312) What is right of redemption?
Right of redemption is available ,
generally,
only
in
extrajudicial
foreclosure which may be exercised
within 1 year from the registration of
the sale in the Office of the Registry of
Deeds.
313) What is equity of redemption?
Equity of redemption is available in
judicial foreclosure which may be
exercised during the period of not less
than 90 days nor more than 120 days
from entry of judgment of foreclosure
or even after the foreclosure sale but
before the judicial confirmation of the
same.
314) What are the remedies of the mortgagee in
case of death of the mortgagor?
The remedies of the mortgagee
include:
a) Abandon
the
security
and
prosecute his claim in the manner
provided in the Rule 86 (Claims
against Estate), and share in the
general distribution of the assets of
the estate;
b) Foreclose the mortgage or realize
upon his security, by action in
court, making the executor or
administrator a party defendant;
c) If there is a judgment for a
deficiency, after the sale of the
mortgaged
premises,
or
the
property pledged, in the foreclosure
or other proceeding to realize upon
the security, he may claim his
deficiency judgment in the manner
provided in Section 6 of Rule 86;
d) Rely upon his mortgage or other
security alone, and foreclose the
same at any time within the period
of the statute of limitations, and in
that event he shall not be admitted
as a creditor, and shall receive no
share in the distribution of the
other assets of the estate (no right
to deficiency judgment).
315) What is the remedy in case of deficiency?
Under Section 6 of Rule 68, if upon the
sale of any real property there be a
balance due to the plaintiff after

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applying the proceeds of the sale, the


court, upon motion, shall render
judgment against the defendant for
any such balance for which, by the
record of the case, he may be
personally liable to the plaintiff, upon
which
execution
may
issue
immediately if the balance is all due at
the time of the rendition of the
judgment; otherwise, the plaintiff shall
be entitled to execution at such time as
the balance remaining becomes due
under the terms of the original

contract, which time shall be stated in


the judgment.
316) What is the remedy in case of a
judgment in a foreclosure proceeding?

SOURCES:
1) Rules of Court;
2) Civil Procedure: A Guide to the Bench
and the Bar by Dean Ferdinand Tan;
3) Lecture series of Dean Ferdinand Tan;
4) Civil Procedure (The Bar Lecture Series)
Volume I by Dean Willard Riano.