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COMPLEMENTARY CONTRACTS CONSTRUED TOGETHER RULE

 The provisions of an accessory contract must be read in its entirety and together with the principal contract
between the parties. If stipulations regarding VENUE is different in both the accessory and primary, venues
becomes in the alternative

ANTICIPATORY BREACH ( in relation to splitting of coa)

 As a GR, a contract to do several things at several times is divisible in nature. This kind of obligation authorizes
successive actions and a judgement recovered for a single breach does not bar a suit for a subsequent breach.
HOWEVER, if the obligor manifests an unqualified and positive refusal to perform a contract, though the
performance of the same is not yet due, and the renunciation goes to the while contract, it may treated as a
complete breach, which will entitle the injured party to bring his action at once

TOTALITY RULE (in relation to joinder of coa)

 Where there are several claims or COAs between the same or different parties embodied in the same complaint,
the amount of the demand shall be the totality of all the claim in all causes of actions irrespective of whether
the causes of action arose out of the same transactions or series of transaction. ( in determining what court has
jurisdiction)

DOCTRINE OF LOCUS STANDI

 Refers to a personal or substantial interest in a case such that the party has sustained or will sustain direct injury
because of the challenged governmental act.

HOT TUB HEARING

 It is a hearing where the judge can hear all the experts discussing the same issue at the same time to explain
each of their points in a discussion with a professional colleague. The objective is to achieve greater efficiency
and expedition.

INTERLOCUTORY ORDER

 Refers to something intervening between the commencement and the end if the suit decides some point or
matter but it is not a final decision of the whole controversy

MEMORANDUM DECISION

 One rendered by the appellate court and incorporates by reference the findings of facts and conclusions in the
decisions or orders under review to prevent the cumbersome repetition or reproduction of the decision of the
lower court in the decision in the higher court.

RULE ON STARE DECISIS

 Judicial decisions applying or interpreting the laws or the constitution shall form part of the legal system of the
Philippines. Under this rule, when the supreme court has laid down a principle of law applicable to a certain
state of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the
same.

DOCTRINE OF IMMUTABILITY OF JUDGEMENT OR CONCLUSIVENESS OF JUDGEMENTS

 A judgement that has attained finality can no longer be disturbed. The doctrine prohibits any alteration,
modification, or correction of final and executory judgements as what remains to be done is purely ministerial
enforcement or execution of judgement.
RESIDUAL JURISDICTION

 Refers to the authority of a trial court to issue orders for the protection and preservation of the rights of the
parties, which do not involve any matter in litigated by the appeal, approve compromises, permit appeals by the
indigent litigants, order of execution pending appeal in accordance with sec. 2 rule 39, and allow withdrawal of
appeal if done before the transmittal of the original record or record on appeal, even if the appeals have already
been perfected or despite approval of the record on appeal.

DISCRETIONARY EXECUTION

 It is an exception to the general rule that judgement cannot be executed before the lapse of appeal or during
the pendency of appeal. Execution shall issue only as a matter of right upon a judgement or final order that
finally disposes of the action or proceeding upon the expiration of the period to appeal.

JUDICIAL FUNCTION

 The power to determine what the law is and what the legal right of the parties are, and then undertakes to
determine these questions and adjudicate upon the rights of the parties

QUASI-JUDICIAL FUNCTION

 Applies to the actions, discretion, etc., of public administrative officers or bodies, which are required to investigate
facts or ascertain the existence of facts, hold hearings, and draw conclusions from them as their basis for their
official action and to exercise discretion of a judicial nature.

MINISTERIAL FUNCTIONS

 One in which an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and
without regard to the exercise of his own judgement upon the propriety or impropriety of the act done.

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