Watts LEX PARETO NOTES Vital feu... Trivial Many VOLUME IV 12007 Eton REMEDIAL LAW LEGAL ETHICS & PRACTICAL EXERCISES i ¥ By Zigfred Diaz" Alrey Quano Louella Matsumoto * Ma, Salud Barillo Danell Fernandez * Nolito Dayanan Maria Patricia Katrina De Guia * Helonytie Yi: With a Foreword by ABELARDO T. DOMONDON 4” Placer, 1985 Bar exams. ‘Bar Exam ReviewerLEX PARETONOTES © 2007 Eaton, Copy ight 2007 By Zigted Diaz, Arey Ouane, Lavela Matsumcto, Na, Salud Bala Mara Patrica Kata De Gus, Helonyte Yu, Danell Femandes Nosto Dayanan Al rights reserved. No part of bis book may be reproduced in any form or by at means, clacton or mechanical. including photocopying & eroxing witout wren pemission fam the aubers ‘Any copy of ths Book without ANY ONE of th ORIGINAL Signature of te autors or thew aubwertes cepresentatve, on Tis page ether proceeds fom an ilegtinate source ori in the possession of one ho has no authority to cspo3e ofthe same. Unauterized user wil be punished by the “Divine Law” They shall nof pars the exajfinatons, nether shal they be successtl and hay’ Irey Ovano, Lovolla Matsumoto, ‘Salud Biri,’ Marla Patricia Katrina De Guia, q Holenytte Yu DanellFemandez Nolte Dayanan Log oft and visit our website at "Sign up in our guest book and receive a “free” informative gift. al fe appicato . ‘Approximetaly. 20% of eiminsls account for 60% of erime 20% of motorists aecount for 80% of accidents 20% of marios individuals account for 80% of divorces 20% of streets account for 80% ofthe trafic 20% of product laws account for 80% of problems 20% of clients usually account fr 80% ofan organization's profits 20% ofthe clothes In your claset are worn 80% ofthe time And the list could go on and on... Now with the Lex Pereto notes its proven that, 89 % of the bar exam questions are derived trom 20 % ofthe lew, hence you need to spend 80 % of your time with 20% of the law 2s pointed out inthe Lax Pareto Notes. uoteson the Pareto principle “Things which mator most must never be atthe mercy of Pings iat ‘ator oast™ ~ Goethe “The reasonable man adapts tense fo the word. The unreasonable one persists in tying to adapt De work fo himsat. Therefore, af pogiess Gopends en the unreasonable msn.” ~ George Bernard Shaw “The fow tings that work fanastcaty Wel shoud be ented, clivated, nurtured, and mated.” ~ Richard Koch“Undersigod isis ocala these who we faspanstie fr the aring of this projec THE LEX PARETO NOTES. Necdlss fo say his can sane as a Bescon to gute bor examinees reap te eveteus and tortuous foes eating ote bar examin and even ‘beyond! This would also be valuable to Lew students as early preparation fs a1 | ‘ed advantage, | The exo of tho ofits exerted and snrfices ured by tho autre of ths poet may be gauged By te Broad, fog and dept of ek shed nce again comgatttions my canpantors and campareras Bovllonah s vatgonzao ‘SoutinrstrsUnvrey, Collage of aw “The LEX PARETO NOTES is good and subtertal uit n bing prepare fo tha bar exams” sya Tomes B. Monae ‘pleat SU lege of aw WORD “There i no such thing 68 chance, only pitas we donot undertant” ‘So eso tna fas author Horas Eason, Fer years | had boon ecring students about siding the patter of ‘requey sted questions ne bas exams. Those sees | Pave patos ne ‘rds ofthe sudan fel en swral "rounds" Seme fell on the wayede that i they had jit been lores, which regued in consaganoss Yor some of those tudes. Obvre fl on "heen (gouncs the taattonl metho and eporeac of review fo De bar soon ‘hokes he eens ats about to grow end soon weed away ‘Yet seme fel on good grant and it bore fst Ti works an exampe of te seed thet has boon pares tht ft on {er somenaay eto do someting, bl rates thy were 1 take he chaege had been posing Brought he 1 bac exam I tthe yo only ead ed te tof ‘ees nis geome “Ts a ats nsedesn pass or even op the ba eas Impet an a ing teximany tote Wh of tie pence, Tener wih tn eater of Haran lion, Thor so euch thing chance, ony patos we do Nt undertang (Our Crestor has Gted 8 wot that uns on set of res are princes. TO ‘make ue of “ore so ang gir to is name, To derogars De eda, [ithe words of Srgtre* Am Bat wet oo geod, and Goo Ea, ‘ay ts book ald you nour prs for thence profession, ASL ee Prof. AbaardeT.Domondonis dedicated To the source of all knowledge and dlvine wisdom, God Alinighty. To our respective law deens, law professors, Bar Exaim reviewers, coaches and mentors. ‘Special thanks to the management team of Jurist Bar review center, Prof. Gafar Luan, Aty. Gina Lutian, Prot. Manny Riguerg and ‘ty, Haze! Riguera, who has played a very important pert in guiding {ts trough the rough seas of preparing forthe bar exams. This goes ‘also to the Bar reviewers of the Lex review and seminars and the Primus pre-bar review division. To Arche Jose Baier, department head atthe Cebu Institut of Technology, Industria! Engineering department. There is no other person that I personally know that can explain and epply in the real world the Pareto concept s0 simply than this man. And last Prof. Abelardo Domondon, who belleved in us and who ignited the fe within us to start this project. Without hin. itis project would not have materlized. He has Inspired us to “Think out of the box" Our words of appreciation are not enough 10 thank this man who hes helped counbess number of students wo became lawyers or who would become lawyers because of his inspiration. contents ‘Sova dove tna "Parts pena feat mea? Ney cerng in Pr pope n bebe ua ha yu Shceme we hg sta he ar rane be Lx pee ne tte ‘enorsucents ony? ste Pan cone estates? Chapter - Remo ew ‘Fore Freshmen, ‘Sroeze Draugh slusen, Bar Examiaes Res ak rhe po 16 yarn ne ree ‘samerg tee rats of co itcone spac ore yo! eked usc a and ‘noe nee sad (regener atconmony om coarce ta cil be'ba" Siete anew) Comat Lega ies |- rman bor xa ag es pact acs. Fart Pechon,"rere ro stom Sa arene 20 : eet Freq akas ails eta es Cg hay cs li Ne oy 108sg ox Paris Notes Volume 1V.2007 Edion Chapter | - Introduction to the Lex Pareto notes What ie the “Lex Pareto notes” and why iit called such ? ‘A famous bar reviewer once ea. taf ony 25 % ofthe ates in the Chl code ar going to a asked in the bar exams. The rest ofthe. 75 ‘6 wil nover be askod or they wil be, they wil seldom be asked, He ‘quipped “Magiging ka tawa-tawa ang bar exam pog kinuha 6a 75 % 63 Gil code ang mec questions.” Prof. Abelardo Damondon said that one ofthe reasane why he topped the bar is because he studied the provous bar exam questions ‘and saw a “patlorn” in the questons thal are being asked. He avon showed evienoe concaming tis mate. “This is what ‘the Lex arto Notes is all about Tho Lex Pareto [Notes is based onthe foundation lid down by alan econaist Viredo Pareto. Hf Pareto were ave today he couls say that 20 % of fhe lw ae the questions that wil most Bl) be. asked in the bar ears, while ‘approximately 80 % of wil rarely be asked cr nover asked a al Who fs Pareto anyway ? \itredo Pareto fe an falian economist. In 1906 he observed that twenty percant ofthe people owned eighty percont of the weakh. Through that he created a mathematical formula to doscrbe the unequal ‘istrbuton of wealth in his county. Aer Pare mace his observation ord treated his formula, many others observed sinar phenomena in thet ‘own areas of exertze. Inthe late 1940e, Dr. Joseph M, Jun 2 quay ‘managomont pioneor based in the U.S atirbutod te 8020 Rule t Pareto, {Galing Paret's Prndpl. Dr. dren reduved this unwversal pine ‘wring and gave another term or the “Veal fe, val many" prince. Chapter -lnvoaucton to the Lax Parte Notes eR tE grt xP os Lex Pareo| Sowhat does the “Pareto principle” really mean? “The £020 Rue means that In anything 2 fow (20 percent) are Wal and many (2 percent) ae fal. For Parte it meant 20 percent ote Geople owned BD pereont ofthe weath In Juris work he kentied 20 Fercont of the doled causing 60. parcert of the problems, Pigject ‘Zanagers iow that sbout 20 percet oF the work consume 80 perce of ‘Swe and resuroes. 6D percent company sales will come fragiZ0 Dereon of the sales people 20 percent of the employee wil Cavaei80 {Zercent of he problems. The 80/20 Rule apples to almost anything Tanagemcrt othe scence. Sé why caa't we apply iin preparations or ‘he bar exam? ‘The value of the Pareto Principe for a bar candidate is feminds you where to focus your study an. OF al the Jaws ha ‘Auded and read, only 20 percent realy matic in the bar 20 percent make up 80 percent of the bar exam questions. Wi ‘nid, 8 bar candidate shoud spend 80 °% of Nes time studying 20%. ‘Some people say that we shoud not sty hard but hat study herd. Deft that i Yue, however we should remember ‘move enpotant to sty emarton the right things. ; that are very mich concer wit the upcoming Bar exams ‘es more Concemed wah the vial Key concepts, the Lex, ‘re wory much Vecul for freshen law starts as wel. ges tha ‘enor overview” of what aces ae to be epent much me on. Se ae Lox Pareto Noles Volurs 1.2007 Ean In fac the eater you master these key concerts the betor. The freshmen years ae the best tine i the wor’ wherein you should master these vial aries, Al ucnesstu bar examinees agree hat the Dar exams ie al about masiory anc masisry cannot be gained without constant repattion. For the Sonos law stugeris, workin two ways. For those who have gained "mastery" in Ue vale it just makes thor tne easor to {evow such instead of doing the sunmanzing themselves. However for those who soome to have breezed through aw sehocl (Breeze through ‘dent’ and euidenly oad tat they wl be taking the bar exams the tne year et oti The Lex Pareto notes comes to your rescue ae I eps you to do cramming” i oer to achieve @ misnomer “asian.” ‘hort. Hi-holpe the Unpropared should deftly work forte prepared What the Lex Pareto notes ie not 1) is nol a compichensive commentary isnot a substitute to Codals, reviowers of commentaries. A iw student. © team everthing about the fw. This fs done dung 1 far to 3° year The Lex Pareto notesls not supgosting at youpnly read nd understand about the key concept: during your 1 yoar und your 3" year. You are fend and undortand everyting about fhe law ring these years, The Lex Parc notes merely pots out the key concepls that re being fequenty asked during the bar ‘exams, The Lex Pareto roles. does oat promote indoience ‘Studying nor does it promate that tis possible for you to become a Tewyer without tly understanding the opto the aw and knowing is fundamental dodtines. The Lex Parto notes ie 2 more ‘supplement to your stidy of the law. tts advaable for bar ‘candidates to focus readng the Lex Pareto notes during the pre- ‘month and pre-week. Sb months before the bar exams you should Be racing the reviewers and the cols. % t ee ‘Chapt T= inteducton fo the Lx Paro Notes peLex Pareto Notes Volume 1V-2007 Eavon ~ 2) itis not a magic formula tie nota guarantee that only the val 20% wil be askes suring ie bar exams. - The Pareto concepts & {general re. Lk all genaral res ts subject © exceptions. We do not know the whims and capices ofthe examine. We cannot (guarantee ihe gets the questions fom the wil 80 % However Fe examiner wil ask from the eval 8D % then fs presumed that you can arswer said questons, sinco anyway you have steady read about it The average fw students has gone over a tthe knw about 4 times up to the te he fakes the bat exams. (Te fst te s during his regular classes. The second time during the review. The thd tine le dung the G-nenth preparation for the bar and the 4 time is during the premonth) As one Chinese proverb gees A ingle gran of ie can tip the seal.” A question {he tal 80% could spel the ference between a 49 and a 50, the 10" place and 11" place ora 74.90 and a 75 1) (dss nt custo you essing he barb i esti the ‘key concepts, Passing the bar requres more than studying the Pareto noes. You coukd memorize the vial 20% But you may not pass the bar. Passing the bar requires that you have adequate eile in these three areas: ‘Language -Abity to leary exress your answers in plan, ‘eadable and concise Engich ‘Logic ~ Abit to out what the examine is asking a ‘anewering the question responsivaly and reasonably. ‘Law - Supporting your answer wth the appropri legal provision. ‘The Lex Pareto notes merely ghes you a hit on what are the, ‘epecied areas wherein the bar exam questions might be drecid at Chapter I lrodtction tthe Lax Pareto Nos 5 oe Ler Pareto Notes. Volume 12007 Edition At best, the Lex Pareto notes can be lkned to weather forecast f does not 700 Se enaure ine weatnor forthe day merely ges you on idea on what the weather would be. Does the Lex Pareto notes cover the 8 bar subjects? Yes. The Lox Pareio notes consist of 5 volumes. Each volume consist of mo subjects coracponding to tne eer as they wl be given {urng the bar exams. Volume Poiticel and Labor law, Volume len (Git law and Tax, Votane Ills on Mercantil low and Crmal tv, \Volune IV is on Remedial ew ard Lega tics, whe Voume V containe ‘he bar questions askad fom 1980 2006, How to uss the Lex Pareto Notes ‘ 1.) Read the introduction carefully inorder that you might pet an ies ‘on how to atack he subject 2) Observe the graphs carefully and krow thom by heart Ths wil give ‘an overall picture as to which subjects oops has bodn the focus (Of bar examiners forthe past.15 years. 3) Using the Vis 20, ighta the artes mentioned infte Pareto ‘notes that has been frequently asked by Bar examigers. Put 2 ‘Requency in your cada! you want. This Wal remind you Bat sich cocelprovisien fas bean a subject of bar exam questions. Ge ‘spocal marking t those asked more than once 14) During your review, gh careful tenon to ths marked codals, memorize the doctines comecied to Itt you can diy though {tence in retton to those provstne woud bo much beter, thats f you hve the me. 5) hand 2 Lr Pots Rees ler 1 Vlure Vot i Le Pareto Notes, whichis @ compilation of tar exam qupstions and arranged in the oder 3s bey appear inthe Pareto Noes. The wil ‘9Ne You an idea on how the docrines apply uniqualy fo each bar ‘exam questons. You wil aso be suprised tat some bar questions ha been repeated. (Chapter troduction lo Lex Parole Nolos LeREMEDIAL LAW rwtdetparosiagtecenizon}CHAPTER Il = REMEDI LAW INTRODUCTION TO THE BAR EXAMS FOR REMEDIAL LAW For Frestmen students: Fact facts 1 Most of eur prosedural russ are new, The new rules ca criminal brocade aceme efpive nly 19 2000, wae the rules in Cl ‘rovedure became fective in 1897 + Remedial aw & a very dynam subject changes are introduced almes every year. The reason for is shat une substamtve law ‘which has to go through congress before can be amended, procedural rules are issued by the Supreme Court. + Aways remember this key penaiple, THE RULES ON PROCEDURE ARE DESIGNED TO ENSURE A SPEEDY AND INEXPENSIVE DISPOSITION OF CASES. Al rues must be resolved in favor of tis Key pence. ‘+ Dont be absont always In cass, you can understand the subject ‘mare easily by tstening Ws yout professor. ‘+ Donot be afais to ask questions in dass. Remember you are there. in class not to showease your legal knowledge, but rather you are thre t len. Ne mater how dumb you tink you question may ‘seem, donot hesate t ask Remedial aw is eacy to understand in one sense skice thee are ‘deep abstract concepts invoWod, However, this can be wary deat to remember since we have to vsualze the procedures invoNe. ‘+ Do not ake Remedi law for granted. This subjoct has the highest percentage inthe bar exam. Palle to have a good foundation in remedial Ia could prove to be vary fatal. We usual hear Hoot ‘sori by some examinees that most passed tho bari ony they had gained addeonal pont remedial aw. 2: Pareto Noles Volume 12007 Eon: 1+ Do not get @ remedial aw book thats very hard to undertan. ‘Some remedial law aooks may be very senelaty of may be ever tecommended by some teachers, yet Bey do net realy help the Stogents at al. Thay secs non essential ureprudecce of Worse laniquated jurisprudence Some of these works are alliough very Scholarly and very much relevant tothe practioner yet because ct the confcing opnions and jutoprodence procaned they confuse the student instead of making them undertand the baci principles. For the “breeze through studois® Fastfacts + By now if not yet tao late to understand remedial lew. Read all the material you can. Mako sure you use a materl that expiains the base concepls simply. Do not botove what pers fl you that youl have to fead ths kind of that kind of book in-order 1 Understand Remedial lw. Thats coainly not te at ‘+ Maka the best out of your medial aw review : {Enroll for early review in| November. This il re-enforce: the ‘cneeple that you have ust eared in your "Rathedial aw review." {ts supposed obo a review, bul for some i's 2 rst view”) ‘+ you can record the lectures iactsson, do sland Inten to hem ‘gam and again 2 erste ns graphs. Renenber Proce ow a bo processes, A picture is worth a thousand words. For Bar examinees: } Pease take note of the coverage ofthis year’s bar exam. There ‘could be some spect lave that wil bo added 19 the reguar coverage, ‘nto thee are others that wil not be Indus. Check out the Supreme: ear we osama ont) concering i ae ‘get formation fom your law ealoge. Ghepter Remedial ow (Chapter - Remedial lw itexan ots Fast face abut bar exams focal ior Volume 12007 akon “+ Usuaty gen on the 4 Sunday of September + Usually given nthe Morning 1 Morning exam schedule tom 8:00 am. to 12 pm, You have about 4 hous to answer the questions, {The sverage number of questions f fam 30 to 50 incuting sub- quections 1° When answering make sue you take not ofthe folowing: ¢ + Fora question wot point, you have 2 Minutes & 24 Séconds toanewer - Fora quesion woth 2 points you have 4 Minutes & 48 Seconds toanswer Fora question worth 3 points you have 7 Minutes & 12 Seconds oanswer - Fora question wrth 5 Points you have 12 Minutes to answer + Taton fom Pot, Ablrso Danone lekes “Maco ber rove meee A [ytorseponch” Used wi pamasen We Bly remand hi ook‘ Bot ‘+ Usually goes togeter with Legal eis inthe afternoon {Has a weight of 20% ofthe total bar exams, the highest among all Lex Pareto Notes ‘Volume 1.2007 Eater: ‘SOURCES OF THE REMEDIAL | AW EXAM FOR THE PAST 15 YEARS ‘Almost’ % of the questions asked in Remedial law were taken fiom the Givi procedure, Criminal procedure and Evidence. ‘utes on | tae S | | remedies 1% (Ghaptor it~ Rommel iw| | Lex Barat Neto Volume 1V-2007 Ein: LNERAL OBSERVATIONS _& APPLICATION OF THE paRETO EENCINEON QUESTIONS TAKEN FROM CIVIL PROCEDURE “FOR SEE PASI 15 YEARS (Graph 2) +1 civ prosedure has 56 Rules. Out of hese 56 Rul, 26 were asked, 2 About 155 qestons were taken out ofthese 8 Rules Jy erthe 158 questions acked. almost 80 % were derwad fem only 21 Rees. 2 These 21 Ros represents shout 38 5 ofthe total numberof res in Gea procedure SS) Rules 2,36 and 14 were asked for bout the came numberof tines fetewed by the otters. Thre is @ good reason fo this: Rule 2 on cause 1 scbon. Rule 3 on patios to @ clacton, Rule 6 on Kins of pleadings Shaue 44 on Sunenons. The reason stat these ruloe walk you though ‘ow an action inated. Lex Pareto Notes. Volume 1v-2007 ‘GENERAL—-OBSERVATIONS 8 APPLICATION OF THE _PARETO PRINCIPLE ON QUESTIONS TACEN FROM PROVISIONAL REMEDIES FOR THE PAST 15 YEARS (Graph 3) 11) Provisional remedies hat 15 rules. Out of these 15 Rules, 14 were ected, 2) About 56 quostons were taken out ofthese 14 Rules 3) Of te 58 questons asked, almost 60% were derived from only 6 Ries. 12) These 6 Rees, represents 27 othe total numberof ules in ‘provisional Remedies 3B The most asked rule wae 87 on Preminayattachent flowed by Rule 65 on Certorar, Rule 58 on Preminary Injunction and s0-on ; | = She Forthe complete st Seo VITAL 20 ‘GRAPHS. (Chapt = Remedial iaw 7‘LanBroto Notes Voume 2007 Eston Lex Barso Notes Vale V-2007 ton ENERAL OBSERVATIONS & APPLICATION OF THE PARETO GENERAL OBSERVATIONS & APPLICATION OF THE_PaRETO eR On cut SUONS TAREN FROM Ine RULES OW SPECIAL PROCEEDINGS (Graph) 41 Special proceedings has 37 Rules . Out of ese 37 Rules, 19 were eked $y Root 2 questions were takon out ofthese 45 Rules J} ttre 38 questons asked, 86 % were derived fam only 8 Rules. 2) Shece 8 Rules, represents 23 Sof te eal numberof rls ie provsional Remedies : Bi the moet asked mio was Rule 102 deaing with Habeas Corpus followed by Ruse 75, 2d 80 07, Fac the complete ist: Soe VITAL 20 "GRAPH A 41 Griminat procedure has 17 shed 2 About 02 questions wee taken out ofthese 14 Rules 23) ofthe 82 questions askod, anos 8 % wore derived from only 7 Rules. 4) These 7 Rules, represents 41 Sof the total number of rls in Criminal procedure 5) The most asked rule wae Rule 17 dealing wih mation to quash flowed by Rule 110, Prosecuen offense and so on Bes, Out of those 17 Rules, 14 ware cpa | For the completo list: Soe VITAL 20 ) ‘GRAPHS. t Ghaptor- Remedial iow z B‘ex Pamte Notes vote iv-2007, Even GENERAL OBSERVATIONS 8 APPLICATION OF THE PARETO SRINGISLE ON. QUESTIONS “TAKEN FROM THE RULES" ON EVIDENCE (Graph) 1.) Evidence has 7 Rules All Ruts wore asked, 2}; About 83 questions were taken outof these 7 Rules $3) Ofte 3 questions asked, 24 Ye were derived for only 2 Res. '4) These 2 Rules, represents about 0 % ofthe total numberof rules of ‘idence 2} The most asked rule was Rule 130 Sealing with Rules of Admsibaty {his is qute obvious since Rue 130 contains the most numberof sections. Iti thon folowed by Rule 132 on Presentation of evidence. ‘For the complet ist: Soo VITAL 20 ‘GRAPHS id an ‘Suitsy BROCE URE. (Gra 1) The rules on Summary procedure has 23 sectons. Out ofthese 23 ovtons S were atkea 2) Anout 9 quections were takon out of those 5 sections 23) These 5 sections represents 22% ofthe otal numberof sections of fe nies on summary procedure -vrrat 20 os! asked Artes sorted from Highest o lowest ‘A)OML PROCEDURE (Rute Tile of Rule 17 i t [= Teause oF AcTION 2 PARTIES TO CIVIL ACTIONS. [6 TKINOS OF PLEADINGS eat EXECUTION, SATISFACTION AND EFFECT ‘OF JUDGMENTS. es t MANNER OF MAKING” ALLEGATIONS WS PLEADINGS. | ___pusapnes [MOTION To Dismiss — [= ceNeraL Provisions [Parts oF PLEADING sion imooes or pscoveny 7 (Chapter i Romedial awAPPEALS FROM THE COURT OF TAK APPEALS AND QUASIIUDICIAL AGENCIES | “UDGMENTS, HERES f acis | | oun: COURT OF APPEALS a | sins 1.2007 Lox Pareto Volos Volum 1.2007 Eaton (Ni uRRER TO EVIDENCE 88) PROVISIONAL REMEI CRIMEAL FROM THE REGIONAL ae a Rule Title of Rule No. oF | times = asked SR aor PAE LIMINARY AT 3 RELIEF FROM JUDGMENTS, ORDERS, OR [4 CERTIORARI, PROHIBITION AND 11 PROCEEDINGS | eANDAMUS, t x f TARY iRIUNCTION i 3 FoRCIBLE ENTRY AND UNLAWFUL 7 _DETAINER awe CC 7 [eg ——TEcRECLOSURE OF REALESTATE Gi bancuars Tt —T DISMISSAL OF ACTIONS _ EP TINTERVENTION {s INTERPLEADER TINGE AT on THE PLERONGS $f gus WARN “EUR AON RecONSDERATION so [Parton hers + tee Even —— 1 eeoar PexpenTE UTE F / JUDGME et 0 Te Vor REMEW FROMTHE [Grcens on ResouuTions OE Peer TAAL COURTS 10" COURT [| SSCSSSowex execnons OF APPEALS | “ANNULMENT OF JUDGMENTS OR FINAL’ (a Aes AND RESOLUTIONS 1 a i Spe Poel iow a apt -Remedal iow ee”‘Lox Pont Notes 1v.2007: (6) SPEC:AL PROCEEDING: | akod “Tite of Rul HABEAS CORPUS rarest 108 PRODUCTION OF WILLALLOWANGE OF [8 NUE AND PROCESSES Lex Baraig Netes ___"___Valume 2007 Eton. 1) CRIMINAL PROCEDURE (Re CLT FR Rue REECE “TETTERS TESTAMENTARY AND OF '2 si ADMINISTRATION, ‘SEARCH AND SEIZURE WHEN AND TO ViHIOM ISSUED. H [RIGHTS OF ACCU: ‘CLAIMS AGAINST ESTATE, 2 JUDGMENT ESCHEATS. te | PRELIMINARY INVESTIGATION CANCELLATION OR CORRECTION OF |? fi famnesr (ENTRIES I THE CIVIL REGISTRY [PRETRIAL s APPEAL [PROCEDURE IN THE COURT OF APPEATS 76 TALLOWANCE OR DISALLOWANCE OF WAL [7 32 REVOCATION OF ADMINISTRATION P | Beare. RESIGNATION, AND REMOVAL OF ) EVIDENCE EXECUTORS AND ADMINISTRATORS, ee Fe DISTRIBUTION AND PARTITION. OF THE] 7 i = : [iets] ESTATE _ oe oe | fa {VENUE 4 | RULES OF ADMIS $3. ADOPTION AND CUSTODY OF MINORS | 130 | RULES OF ADRISSBATTY a 182 | PRESENTATION OF EVIDENCE a 126] GENERAL PROVISIONS 3 [205 [WHAT NEED NOT BE PROVED —— [74 [PRESENTATION OF EVIDENCE {131 | BURDEN OF PROOF AND PRESUMPTION [135.| WEIGHT AND SUFFICIENCY OF EVIDENCE | ook cere aisex Pareto Notes Volume 1v-2007 ton ££) RULES ON SUMMARY PROCEDURE RET PROVIDING FORA WINES 7 6861 PROTECTION, SECURITY AND BENET ki t FROGRAM AND FOR OTHER PURPOSES | UTES ON SUMMARY PROCEDURE ut ‘@)Guriston taken fom spi wn (ranged in lattice i (tw ie aftaw [REMEDIAL AW (CONCEPT OF, DIFFERENCE FROM 3 | SUBSTANTIVE LAW AND IMPLEMENTATION) RULE 68 VS RULE 45, 13 (CERTOIRARI AS AN ORIGINAL ACTION VS. (726 JURISIDICTION IN CIVIL GASES f |Beamenda by 7051 Tocal Government code RA T160 [aarwo™ | RULES ON ELECTRONIC EVIDENCE Biear | feupeme cout reotstor) SerioRani AS_AMODE OF APPEAL) 7 ‘Chil Code PROVISIONAL REMEDIES + RA | FAMILY COURTS ACT OF W057 RES JUDICATA 8350 Lo eeeaca tyre [Rat RUCE ON CUSTODY OF MINORS AND WRIT |T "ADIUDICATION WITHOUT TRA t Geto OF HABEAS. CORPUS IN RELATION TO. ssi ene le re iene ee eed We ‘ATTACHMENT VS. GARNISHOIENT. Se" GusTooY oF MINORS [atrAce — za ‘St reme cout esohtion) ‘BAR BY FORMER JUDGENENT VS. + | Feiy Cade - EXECUTIVE ORDER NO-208 _| | CONCLUSIVENESS OF JUDGEMENT a a [RA |ANTLGRAFT AND. CORRUPT PRACTICES] DERIVATIVE SUIT ee sow ACT DIRECT EXAMINATION = rd | ‘DOCKET FEES 14 EKA RET — PROWIOING FORTHE] T 4 DOCTRINE OF JUDICIAL STABILITY ———— + 4 [770 FUNCTIONAL AND STRUCTURAL z EN BANC SUPREME COURT EN BANC =| ORGANIZATION OF THE OFFICE OF THE [EXCLUSIONARY RULES t OMBUDSMAN AND FOR OTHER ‘EXTRA JUDGIAL CONFESSION VS. EXTRA JUDIGAL 17 | a | ADMISSION | t ‘nati Remo ow ‘Chaotor I -Romodil law : i 7Volume 1.2007 Exton ay ORE RE COURT VS. OPINION OF THE ie Volume 1v-2007 Eton ARTICLES INTHE BAR EX MS is tha could Be the basis fe he SS eUneTION (OOCTRINE OF) SUESTIONS OF FACT — “imo paLUE [REGAN | SuanowOF ACHILD WITNESS > ULE ON AN On NEVE SELF MAN NSGER VS. TEMPORARY [ho ne ‘GENERAL PROVISIONS Sec. 3. Cases governed. ~ “These Rules shat {over the procedute fo be observed in actions, Evo cnminal, and specel procoosings. (@) A civil action sone by which apaty sues | 1999. | ta ‘another forthe enfreomont or protecton | 1838. 1 R Re eres Taree ‘of a right, or the prevention or redress of | 1997 | 17b: SSI STOP AND FRISKRULE) [=| | wong ‘ vm [| wan OR SSNGS THAT MUST BE 7 | cath (0,4 special proceeding & a remedy by . a sich ary soos to eatantan a stats, a| | Be _ — 1 Fight ora parila tact LIMEETONOTES® - 2007 Ete DMOTEE® = 207 Ex | + Take note ofthe sflerence between a ch fel fir, trnitoag, "Fag j | seton anda speca! eoesing | omg | eee San ome ee See) “A il action ie commences by the lng of the oso aoa ey sree meleadt ha tr pang, be i pleaded 4 Bt Doo loci 1 Coe 10:37 | bon ie commenced wh gar f hin of the Si EER | dete of the ng sh ter peng | | respective of wheter the_moson_ for Zz (Chapter -Remectol law eee‘Sec. 2. Cause acon, define. | cause of action te the aot or nissan by | 1890 | 25 [Wace parywctatee wth tenors | 1097 | To | Sec. 4. = Sting a single cause of ection; eect): | a ; i | ttn or mor sue are tuted on tebess of 1000 | the sam cause of acon, tho fing of one oro 1908 | a tar pon be merts nay one avaiale | 1008 | 32 (Seetjaund ort demesatot he others” 2008 | | sex 5 Jct ean fon [pay mar im coe peda mrt eae <2 | Bulon as be may have against an opposing | 1884, | 40 | at stecte oowina cons: [> i | (a) The party joining the causes of action shall |(Coopiy va rule on joie of paren, Thal Sy ee at oF | a easel nt ony ot ee |S So inten meng 5 gee ae | Gyre Jone stmt nce spel ct (oes cs alt spc ss parte eens aah soc Do ore cis are wn Seria ft aay be ted ne ee al St came = Remedial low a ‘af eaton Tae witin the juiedison of ead out] J] Sand the verve es theres an eee | (@) Where the claims sn alle causes of acton 2002 VB, ste. princpaly for recovery af money, Be! | Aggregate smourt caked shal be the fst | urtecietion "(Known as the TOTALITY RULE) — | ea "PARTIES TO CIVIL ACTIONS | Sec. 6. Pemiscivejeinder of pars. | 002" | wa | Paties could not be joined as defendants in) | | one complaint # the ight to reef agaist both) | | efendante does not ee om of the same transaction or eenes of raneactns and there © | | po common quesion of law or fact common te) bot" ‘Sec. 7. Compulsory jondor of indispensable 1896 | 4-3 patties i ‘Parties in interest witout whom no final] | ‘determination can be had of an acon sll be Joined ether as plein or dofondants” i Sec, 12. Class suit | tenth sujet mater ft crtrwesy | 1904 | 4 ne'ct common or gorea est w many 2008 [ta | purse amnion fa ie cable Far alos percon& naber of tom whch te Clit ecb tests vero, and ‘epreseriaive seo Ry protect te ross | | fl concemed may sue oF defend forthe bone ‘ofa Any party i tert chal have tho gto | inven pete sinus ret” (Chapter I= Remedial law } =Sec, 16, Daath of party dy of counsel | xvie hee |i -cvinenaver a pany 109 pening action das, and 1695. | 82 ‘ha clam isnot hereby exinqushed, shale | 1991. | X {Bs dy of Fis counsel fo form the court wshin ‘tiny (0) daye afr such death of the fact | Berect, and te give the name and adress of Ms legal represaratve or representaves Faire ‘of counsel fo coral, wit is ay shall be a | ‘round for discipnayy_ action, The heis of the |[deceased may te allowed to be substuted fr | re doceased, wehout requrng the appointment | ‘of an exoour or adminstator and he cout | | may appoit @ guardian ad item forthe minor | | ets The cour shall dhe order sais legal | the ltr shal mediately appear fr and on} | | behalf of the deceased. The cout charges in| rocufing such appointment, # defrayed by the ‘Sppasing party, may be recovered a casts” ‘No summons is requires for a defendant who is | 1990 | Vic ‘subetuted for he doctased since lis the cour {hat orders him to be substtted for the Lex 2 Volume 1V-2007 Eaton ‘SeeZ0, Relion en Contractual money Cie ~ “viien the action ie for recovery of manay ising trom convact express of impli. and tho elendars cies before the etry of fal isgment in ‘court which the acon was erring a the tie of such dea, shat nat bg (Ennssed but shal instess) be alowed online unt dee any of fnal_jwsarert A} favorabie judament cbianet by the plantil then shall be enferond. in” the manner ‘especially powdes in these Rules froceoutng ‘ccna against the estate of _Gaoeaced person.” (UE OF ACTIONS | Sec. 2. Venue of personal scons. ‘ | 1908 | laine resis, oF 2y Where he. den |= principal defendants resides, 3) in te cate of a non-esident defendant | “Tere be may be found, a he election of ‘he plat ‘Sec, 4. When Re not appeable. | this Rule shat not app: ‘yg ein yt ered st or any of the ae 1982 weLex Porat Notes. Volume 1-007 Eden Whee Be pales fave van agreed WTTOOT werting efor the Ting of the action on the, 1987 ‘elisve verve here!” | 1907 = The stpulaton mst conan restrictive words ‘uhleh shows thatthe pes ngonced ott the | | Place stpulated as the excise vorae. | _-— that provides torr aw TINGS OF PLEA. GS ‘Otherwise the stpusted venue moral | cconsizered a8 an adtonal ene in cont | oe2. Bia Si SSe ‘owed complaint, counterdaim, “erosseaim, tie (four, etc} party complaint, or complaint. Riowention. The doraes of paty are aged ‘nthe anewer to th» pleasing ascorting 3 cam ‘agaist him. An ans er may be responded to By reply” ‘Sec. 7. Compulsory éunterclai, 2008 A compulsory courterciai is one which, being | 1968 cognizable by te guar cours ofjustice: | 1005 11) atises out of or Is connected with the aa 38 Be [Reseaton of te cout be | ng te nature Witeat, excent beter before tne Regier Sout the ‘ourielaim tay be consderes compulsory regardless ofthe smount” See. 8. Cross-daim. 1990 | i907 A cross-claim ie en claim by one party against | 1996 [sce pa it the haseacion | ane ‘cunenoe that 1 the eubject mater eftee of | the orginal acton ov cla | Such etosscaim may include a cam that the party against whom aie asserted is of may be lable to the crose-claiant for all part of a setter aot tonne | SOR Oot ea SORE Se eae Ses | Solent aces Sea aie ce aoe } 14 | See. 12- Bing new pares | 08 Jama |Wf the plans wishes 40 iterpose any claims arsing ost of fhe new matters 80 aleged, such Gams shall be. sot fort in an amended ot supplemental comolaint, = "ARTS OF PLEADING ‘sec. 3 Segnstre and adress. — “Ever pleading mut be signed by the party o| Counse representing hi, stating tether case fis sdarece whicn should not be a post cfc aise! atiaes (ie ea || aynenanseaae stadia = (| SRPMS tanto, |) lant ties | eee ||) RARER oom | ‘Sec. 5 Certification against forum shopping. “The lami ocasncipal pany shall cer under ‘oath nine complaint of ther Fllatory pleading Sssctng a cam for feet, or ina swomn | certteaton annexed thereto snd simutaneoust | | es terewth: ish other actin of cain pending een] {@) f teres euch otner pending acon o: claim, 2 compete. statement ef the present Sats ‘hereoh and {c) 4 ho eho thereat eam thatthe same or simlar acton of Gain has been fia oF 1 pending, ke shall por that fact within sve (8) Gays. therefom (othe cour where his | | aforesaid complaint of tory pleading has been fed Faure to comply with the foregoing 2008 requements shall Got be curable by mere 2000 amendment of the complaint or other illatory 1896 pleading but shal be cause for dismissal ofthe |S aco wihout prejudice, unless otherwise | | | provided, upon motion and after heating, The | | | bic of fie cation non) | compliance with any of tbe undertakings therein | | shal consiiteindiestsconiemat of cour |} | winout prejudice to the corresponding | | sina an cxina ancon. Whe act |” { Jot the pany or his counssl clearly constite | wit an detberate forum shopping, the same! } | shall be ground for summary clsmissal with Dreudice and shal constitu direct cofemot 23 well as a cause fr admnistrative sanctons @|MANNER OF MAKING ALLEGATIONS. IN PLEADINGS, ‘See. 6. Fraud, mistake, conto of he mind. = " rTas iB ti Volume 1V:2007 Eiion Lox Pareto Novus ve wigs or Oar Sndton Te ind Tw person may be aver general” Tinoaiease or ivormaton sutfeiont to fom at betet ss 10 the ah lat ne shal 30 state and eee eee lel ~ = le vom mee man 38. 2 | TREE GL |e coset mapa sibaseries | [at | | Defenses and objections oot pleaded erin | | 9) lease maar ceca | eymeibta | geo) (REE Ph ie| | s)RRRAD AS ane eo [t | eee |e sl omen roca eae |Sbaeiae ceceleieeartre [1 ca fn oma a ol i. | Sege acco eons So ae wa mee | | Peek ry nr rm Sori amtar eras | | sexpgpeeen see | Berane 2 eS wont were ee wes eel Es | Fe Se icra | ee tee ace| A la . 2008 | VE. | | a 1 cin eam my tse 3 Bin | senate rede l Peet ha mt on st [v9 Sey hati sider a Shes weameas omar ee Sena ae ae _|Spckoe mors =f = i hopter)- Remedial iowPareto Neses Volume V-2007| ‘ielaak Thevesoon- the cout shal proceed 16/2000 [73s ssniet_stfanest action e_clama_aueh ‘eiet 2 his plesding mev warrant, unless te Shur is Gestion requres the claimant fo Submit etidence. Such reception of evdence ‘may oe delegated tothe den of court” [answer tie compulsory Santer Sar tay no be selored in deta [L.A party declares in oetaut may loose his ‘Standing in cour. However ts does not mean ate cannot be presented as winess fr non-dequaifed paras. The Supreme cost helo |) eet of ear of detaut =A nay dtr] 660 | vb txe cose thal caing ones icrg cout | |Shat be onfted. to nobce of subsequent Jeniy means loosing one's Wight ae a party; | Poccedngsnatraotakapaninnwital | > ita 0” | AMENDED ~~ AN —~SUPPLEWERTAL (0) Rett tom order of eta ooo |v PLEADINGS | foes [vs | An aot fers nt ited 1 a8 | Sec. 1 - Amandine genera 1% Joder'ef acu on the. gonte of FAME (Frou Acsde." Mike and Excuabe | Pasngs may be amended by s6éeg a neglect) if the good defense of the defendant is | { sting out an allegation or the name of any!) =| Siecy acorpocto ne vented tan. | [por by covers rasta be nee Sty 4 nsaben er nadequae slog rf A party declared in default may at any time after | 2001” | XX-a |descnption in any other. tespect. so thet the |} |tatce ret and bere uigant le ame | 2001 OK | [Stim he ontovry oy pen be |i onh st nce the one o eau = rane tho ed ei, | | ete mod ocd end Requsts tol ote of deta | 1 se | 1.) Upon proper showing that his failure to | | Swe was ‘doe to tau soso | fmouie “o ceuat‘nogigerce | | aM ans | | a) SNS ero dete | | sec 2 amends aba marti |p compar courte cin woh ria | 1906.3 pty ny ee in emg onc oa j.7 Beton" lone be spared fe hat molt 6 gh a ny Deon psi | [2° Site ect compat dwn not rogue ienng te ered So one ty, | sh ane’ Hens he pay uo fale | a wt on) days arti on™ 7% a| | | Amenments by leave of court ‘The plain may make substantial amendments | fo is complants even after the enewer has| | | been fled provided that is wit eave of cour. { | re chro tortion i to eno of ect resent yon be lowed fsa ie Refer res of se, poverty eed |pemote the bce othe ries tat i Fae” a” fet” each wal ee eposion of eases, (Valenzuela vs. Court of| | ‘appeals 969 SCRA 779, 2005) \ ‘Sec. § - Amenment to conto to or authorize | 2008 | LA | presentation of idence. 2004 | v8 ‘ose | xn | wen issues nat raised by the pleadings are had ht express 8 ped onset of fe | pro toy hl be vested in a espocs a | | hed Been se nthe aleadias. Sich | tnoncinon of te pleadogs as tay be cca to cate tem 10 conform the eonor ond 10 rae these seuce maybe tage sgn meton of ype aan ee, sum ater dover ut aire amend Sos Roath ect of etal of oss aes _ dence obec fo a the a on te runs fata not wn the swen made by te Bleaigs, the cout may alow he pesos © Eo'Stued nt shal oso wa oeraty fe Presenaion of mero te acon ahd he nce of scowl ice val bo ubsered Thee 2 © @ | T enable the amanda be made See. Effect of amended pleadings. An amended el ng supersedes the pleading that among. However, admissions Superseded pleadings ey’ bo received i | endence agains! the pleader and cans: oF | Selenees alleged teen nt ioorprated i Be | __ amended pleading shall be domed waited. LL OF PARTICULAR ‘See. 1. When apple or; purpose. 2003 “A party may ava of i of arias o any moter whith noted wit suet | detest ore at coud | | flop he otpenre plead he pesong | | Ecbropy, the moton et be fled int | Go) eprom seme ret | Sec. 4. Effect of non-compliance. \ “The effect of nencomplance of a bi of | porialare is that tie cout may ower the | |Siring out of the pleaing or the portons | ‘hereof to whieh the oer was deed or make | uch other order asi ders ist" et | 74 [SUMMONS | ‘Sec. Clerk to tsue summons. | Upon” the fing of the compbint and the | payment ofthe requis legal foes, the clerk of | (Ghopir I - Remoctal ow aentry “Wm be dlendnt 0 opaaton vay o association organized und Kees. of the Philpmes wah a heal forconly, serves ay “be made_ on the Presderranagig pare, general manager, Expats secret, Wousuel, or in hows ©) in any other manner the court may doom Sufflelent’ Any order granting such leave shal speci reasonable te, which shall not be {ess than sixty (60) days after notice. within | wich the defendant mast answer” | se020, voluntary appearance. nate texan Ntes Volume 0-200 Eton ox Panto Nets Voume 0.207 Eten F ‘cour shail forthwith lsue the corresponding T f ‘counsel a T | | ce 16 Gantt coin wes 129 1 scone deterdars are aed they mnt 1056 [vin | | ‘Se sored wah surnons | |-Wen te cefentan ows noses and not 1959 7 | | Sitginic Prapanes and oe so \ | seo. 7 Stated sevice irae ca 2) aos the prcoal satis ithe lint or_| | {zou |t3 |S SSs Ao the eusac or wor provony| i te defendant canst be saved poncealy | = | Pewee tte Set ay ecto eatin” soon Th Somer gael ome Ba [ee ee ee | Serorot was ened fo tee tho Summons | mre sen! er omiert or wich Be eh oneatendant: | fut demanded coneats ety or pata ‘reusing edad om any eat NOTE: Hower fthare was n ination ti | eats oa eal ealconcarlios ‘ack, substhited service may stl be constlered | | been tached Wwitin be Phipinen. senwce [| 1806. |5.3 | i “Eicept as provided nthe preceding secon, a s Compan shal ot be domenad ate pas \ itance save upon approval of the cout and fi ‘pon bch tems and eonions asthe curt i [deems proper Ka covrteriain hes been \ a —s28 Paroto Notos Volume 1v-2007 ion (Tae aeinaanis Wa Tre We bevel of ifase] TT ‘too G6 nt answer Tho aawer of one ofthe || | fants conse en an opmearance' fra | | See. 6. Effect of faire to appeer. 1982. |v | Syne ae ee ate 1 Dein Tr ot wey wf | ‘teroaton or er dpastion of propel | | Of ary person wheter pat of ht ate | {Pe ansoay offs cout or of an oficr hereot | Lt troy, with, eave of cout, be allowed fo \ Intrenet: schon. The court shal | constr ther oc et he oa ‘if he inal paces, an ' |B wheter or no he intervenor sats mabe | {uproecied na senate proceedina,Sine at SP icone ia ceaur ese r aware ye ay served as 2 I et ee er as ‘Sec. 1) | | | ‘Defendant has right Accused has to obtain | 1991 | XIKAB 4) Broduston oc nspedtion of documents ot| 2002. | 1-81) | fo to domuar nao of cour Be 9 pay hoe domo [scam errs oe | |) Ba Be cero | [ses eaattl| | | oes obo rad Pier a wren wi | | semen ses | cael eer || documents, papers, books, accounts, | | | evidence ‘evidence in” his! 1 |etters, photographs, objects or tangible ; vidence || ings ot penteged, wen const or | [fir seneaoneon t gener ee] | | fageeimiend carom as ere) | |. Sere neces be go | eeeeiiteed maar es, | Gorm erty upon aesinated land OF | tastes cies | ‘other property in his possession or | judgment for | i | SLI, ite etic I rie Sree Se Same Stee EE erst Petey three | | Bert or ance ni said Sev ete gest econ De coe er | ‘of making the inspection and. taking I |and his demurrer to | copies and photographs, and may | evidence is denied, he | | ms onan [rome es | core me we eel | 5) Ba te ran e208 |e rst | Sane Re. Pena; 12 _ Reteeia ea eater noes oe Be | Te doin eret si fueron mec ROBES spe ine m7 entices ee ae aor sick eata lin £34 iat hs | Reresmren ae s gene hrorens teens SE Lape UG pees) i a oats troeeese ae st | lexi enone ira |] (ewes amar [988 [8 begs = ane aa Sg = erm ae me are (Chaptec i - Remedial ew =LexParNoles Volume 12007 Editon leas the malera allegations of he adverse] | pany pleading, j “tn cout may. gh ton of tt pay, dret| 866 | vite (float cic teg Howeersoane| | 2 edanon ct muy or amie of | oviage 8 fx el separate Mae || as ateges in the complaint shal alays be | too ort cea 35 BUAMARY IUDGKENTS va | | | see. 4. Case not fuly ajuscated on maton, | 2008 [notin an ieterocutoy order. However such ‘Order may be propery challenged thru a special rion for ceria. (Rule 41, Sec. 1) JUDGMENTS. FINAL ORDERS AND ENTRY’ THEREOF ‘Sec 1. Rendition of judgments and inal orders Ajudgment oral order determining the mens | | | Gitte case should be in wmng personaly and Seecty pope bye jai, sain. ety and distinc the facts and the law on wich ts Basa. signed by him, and ted wih Be lek of he curt |/-A party may only appeal fom a fal exer and | Seo. 2. Ent of xigments and fra orders: ft no. sppeat_ or imotin for new tral or ‘ecomideraton is fled wihin the time proved | In these Rules, the judgment or fal order shal ert be erred by the etek in the book of | and shall be signsd by the detk, wih = | LexPurto Notes Volume .:2007 Eton [Tenis o agen The aw otteata ote —] | asoment or nce | fae te oft en. The record shal comtan the | epositve part cf fe juogment or final order ‘ee shal be deemed to be ‘ertfeate that suey judgment ofa! order nas | | became final ana exo” ‘Sec. 96, Examination of judgment obigor wisn | 2002. | A | fecgment unsatssee ‘But no judges big shal be so required | to appear belore court or commissioner | oxtsee te province ory mn which sucnabior| | ‘eeldes oi uns" Please read Bar probiem in ij ‘order fo understand ule sskod) { I ‘7 | NEW TRIAL OR RECONSIDERATION Li Sec 2.- Cotes of maton for now tal or thon |V2 ‘Sonatina oh ret aos | | ‘The motion shal! be made in witing stating the | | | ground or grounds therefor, a writen notice of |! | tthicn shall be send By the movant on the| > i | savers party | | | A motion for new tat shal be proved in the | | | | mamer roid frst of motors, A obo | | orth cause montevod i paragranh | oe |p caer en to ted | Be mes aye paregraoh (b) shal be supperiod by afiavis of te| ‘Gheptor-Remodtal towLex Paro Notes Ve 0.2007 Eatin Lox Pareto Notes ~WaesRES By wc euch evidence We ExpECeN tobe sien, cy duty authenticated documents bPhish ae pmposed tobe intedseed in ovidence. i A mation for reconsideration shal pont 0 | ‘putty te tinge conor tthe eigen a or whch av nt supped Sie dens or wc re snr ein ones tence fo he testi! Teeumiry ewence 0 fhe prowone of She aleged tobe contary to such fede oF} Sunes | | |A, pro forma mation for ‘pew tial oF reconsideration shal not tol the reglementary period of appea Note: The question asked in 1098, No. V2 is What ‘ave the avalabie romodies of 3 partly dared in faut after judgment but before ts ‘inalty? The answer i'n for new ta. (Rule-37 Ht arta denied the party can thea Sroveed fo Rue 40 041. This Kind of question seo acked in 2006 No. [GE RELIEF FROM JUDGMENTS.“ORDERS, OR | THER PROCEEDINGS ‘See. 1, ~ Patton for ili fren jadgment, order, | 2002 .} VILA ‘rather proceedings. ‘A potion for relief may be fle on the grounds | Ct fraud, accent, mistake or excusable neglect, (FAME) ‘Seq 3 Tine (er ig petion: contents and? vetfcation “The above mentioned seitio fr coli m: fi wihin 2 period of 80 days ator pet foains of the jedgmer: of nal order and not | move tian 8 onthe sie such judgmort or a order was entero. | Volum 1V-2007 Eston Note:The question asked in 1998 V-3 is Wat 1990 | 6-2 are the avaliable remedies of party docared in | Geil after finaly of jodgerert but before its finaly 7 The anewor & a peti for ree fom | jealgement under Rule 6. He ean also optto 9° for Annulment of Judgement under Fle 47 0° Certora, Noe: none case the Supreme Court held that | 1 jcgment. based upon compromise i not Sppealable. The reli at may be granted 10a | Fare a pets eeu Rule. Note: A judgment that has become fina and rocutor’ mey Be. questioned, attack oF set ‘ide ether by petition for rel rom judgment Under Rule 38, Annulment of judgement under | | Rule 47 or by ceniors under Rule 65 if the judgement vol on ts face, (Depending upon the ereumstnices, chock out te said nies) 3 EXECUTION, SATISFACTION AND EFFECT] OF JUDGMENTS ‘See, 2 Disertionary execution. (a) “Execution of a judgment o foal order 1 fil Remel ow ee ‘Chapter Remote lawNoles Volume wv-2607 Lex Pareto 21-2007, Feraing appeal ~ On won oe prevaoa | | Fay wes nate oe sarecepary tes ne fret oot hie thas ufone he ae ted p hotnmeon ser be aa ace | Eihe tea on aaa! as te caso maybe. a Sete of he fang of sch moton, nd court mnay, te sacofon, order orien ot 8 Tete & @ good reason The mere fing afte [TY Fond ie not 2 eufleest good reason for | execution pending apes. |see.0- sxeouton by matin erbyindepensent) | 1996 | 168 Rojee ox tal eer owen bere the| | |-efin nd execs oat oc one may be | Cipro ofthe pedo Yo appeal Ata ho al Sendedoneboy siti Sean fromthe | 1999.18 | [Soret ease ee ee sates crore’ Cac ny] |S So eas tae | ecrizsronres tents F F date oft entry and thereter by acton Defoe | ¢ Is bard by ho statute of hntatons. (©) Execution of soverl, separate or paral [idgments. A several separate or partial judgment may be executed under the same “In case of tho deat of gary, execution may save of be enforced in the folowing manner. 2002 |m8 {Incase ofthe death of te judgment oblige, Upon’ the. aplication of his executor or ‘misrator, or successor iterest (0) Incase of the death o he ludgment obtgor, fgainst his exoodor or administrator oF |} ‘Stooesso in intrest, the judgmort be for the | fecovery of real or personal prope, oF the teforcement ofan there, (6) In cave of the doa of he judgment obigor, te expeuton fs actualy levied upon any of is property for the ‘Saletacion of the judgment obiigation, and the otiese ‘he sale chal account 1 the! ‘Seo, 7, - Execution in case of death of party. — \ L ‘execution pending appeal. However i Hey are | | dependent upon the eulsome ofthe case, they | may notbe awarded. ~The cemissal of petition for ret also ciesolve the vet of patina injunction staying [an enforcement of judgment even i such Semseals not vet nal 3‘Lex Pareto Noses ‘Volume 1¥.2007 Eon [ caresponding cxenior of adaisvator Tor anv] | super nnishanss ~ | ‘Seé. 16. Prosoeings where property calmed by 2008 | tite person | | pes Str than the: fadgnsnt oblgor oF ie | © | gen ane such pores makes am afoot of is | |_| Ble hereto or rit tothe possession tere | || stata the grounds of such fight ot, and |) | Serves the Same upon the offer making the ieey and 2 copy Berea! upon the usgment | al-not be bound to kee the opoty, unless such kudament obliges on | || demand ote fe. tes. a bond appoved by | | | fie out to indemee iment in | | susun-ot ns tn te valve of he ona isi on case of eapocmen 0 1 500 | | t,he sae shot be aetoraned by te cour | | issuing the wit of execution. No. claim for | Gamage foto ting oF ketpng othe | oper may bo efoed gant the bond | inte the econ teeor fed winin one ned wont (129 dae fom the date ofthe Ting tte bord the ocr sal at be tat | ir Garages for te ttng or Reepng of he | property, to any third-party claimant if such bond i fe. ething hon cori hal event uch canet- oe ane ia oon ta acum fe Ga te_pooet is Senate ain. reer fe ron Sl alae comin ee he aes Seoarde scion onan. a Hi-pany_caimart Lax Pareto Notes Volume 1v-2007 Eton See, 48 | orders = of forean jusgmente oF fina) 2008 | be “The effect of a judgment or final order of & tribunal of a foreign cozy, having jurisdiction {to render the judgmert or final order is as Hotowe: (@) In case of a judgment or final order upon a ‘specifi thing, the stgment of fnal order is ‘conclusive upon the Se tothe thing: and (©) In case of a adamant or final order agains ‘@ person. the judgment o foal order | | [presumptive evidence ofa right as between | | | {he parties and ther successor i interest | bby subsequent tte want of notice tothe party, cofusion, faud, oF ‘ear mistake of aw orf | Nore: te bar quastonn 2005 No, Fe on the spplesiny ot Ace Hae he Co Cose | nat he effects ofthe jusgement as proved in the above section, Soc 48 compled wih. [See notes on Arie 114 ome ‘APPEAL FROM THE REGIONAL TRIAL | courts | Sec. 1, Subject of appeal ‘An ordec_dismiseeg. an_scion_wihout - Chapter = Remectal ow ; 3| | | | Lex Porto Notes, pepe in al the above instances whe the judgment | or final order is not eppeslabe, the aganeved | canny Se acne epee ac | under Rule 65" | sec. 2 Modes o appeal (@) Oninary appeal-“The appeal o the Court of ‘Appeals in cases deedea by the Regional Tal | court im the exersee of te eriginal jureciction shall be taken By fing a noice of appeal with bre cout which rendered the judgment oF fal | eter appealed from and earing a copy thereat ‘pon the adverse party” ‘ec. 3, Period of ordinary pal A party as fitcen (15) days to make an appeal {tom notice of the. jadgment or final order appealed from. A moton to withdraw notce ot appeal Is considered to be fled on timo f Red hin the period 2003 Volume 1V-2007 on 2x Paria No 42 PETTION FOR REV REGIONAL TRIAL COU: OF APPEALS —FROW 5 TO THE ‘Sec. 1- How appeal takes, ume fring. “Appar desing to anpeaittom & decison ofthe 1800 V Regional Tia Cott rendered tthe exerses of ts appelate jorsciton may fle a weed petton for review wth te Cou" of Apes” 4a”) APPEALS FROM TH COURT OF Tax ‘APPEALS AND QUASI-JUDIOAL AGENCIES "TO THE COURTOF APPEALS Seaton 1, Sop. 2006 ve [This Rule, shall. apply to sppesis_fom | judgments or final orders of the Court of Tax | Appeals (See NOTE 1 for amendmenms) and: | > fom awards, judgmems ‘fiat ge oF ecoutions of or authorize by any quad! | agonoy in the exeniee of f= quasi! | uncions. (See NOTE 2) Among these aaences | 210 the Gil Service Commission, Cents Boars of Assessment Agpeas, Secures and | Exchange Commission, Ofce ofthe Present, | Land. Registration Authoty, Social Secu CConmicsin, Gril Aeronatzes Board, Bisa of | Patents, Teademarks and Technology Tranter, | [Nafenai Electrification Acminitration, Energy | ‘Regulatory Boar, Natons:Tesecommunicaions | ‘Comission, Departners of Agrarian efor | under Republic ‘Act No, 8857. Goverment |) ‘Senice “Insurance System,” _Ermgoyees | ‘Chapter Remedial ow apa-T ae kd wel ‘Sec, 5. How ppeal akon. jon Commission, Agricultural 2 | | [Inventions Soars, “Insurance Cemmisson, FPrlippme Atsmic Energy Commission, Board of | | [iwestnents. Construction industy Arbitrator | Comission, ‘Appbal shall be takon by fling a verified petition =| ‘ory? arbor | or review in seven (7) loge cxples with the ‘uthotzed by sw Court of Anpests..” i | | NOTE: This rio is part of the answer of bar} (CTA) en bene are now appesiabe: to the |. Jexam question no Vie of 2006. Other answers | |__| re found in Rute 64 i Sipreme Coot and not the Coutt of Appoats ‘ince the CTA's haw considered a the same in ‘ank with the Court cf appeals and not @ mere ‘aot! juieat agency. The procedure for appeal | Bh the GTA & found io Soe 11 of RA 8282 Dedsions ofthe CTA division are appealed to the CTA en bane. [35] ABPEAL BY CERTIORARI TO THE SUPREME |] |" |eourr wriocicteouatenaion bo | ea | See. 1—Filng of ptton with Suprome Cout. | 2002. | xV-A joe [xn “A patty desting to appeal by certorar froma | 1090 | Uk judgment or final order or reaatiion of Appeal, 2008 -| Via | | NOTE! 2: Admire tae bye | 2000 |v {SeSarigenovan, the Ragone’ Teal Cast [2005 | Fe f “Roan ee apeatte te out of Sher cone where’ by ow I i, opel elo However Cia cee own te Sure st verte potion | i | Bene “onbusaran ae appa the tee on err ho ute al k Supreme Couet under Soe. 14 f RA 6770. i | fee. 2 Caso coer | ae GSES AND RESOLUTIONS This Rue et ot aot etme fal eer ae te te oe sec 1 Govege = i \ bide ke “Th lo shal gover he ant i Se | NOTE The Supreme Gout has tlt ine St Note Funes fener RURE one et So dele! ty te ata abr Rettone Sermons coved tte Couto Appeas ‘ie Corer ence Re 65 au 2 mose i <5 SehaplorW-Reivedat iow = 2