Provisional remedies and special civil actions : principles and cases
Duano, Voltaire T.
Provisional remedies and special civil actions : principles and cases / by Voltaire T. Duano - Second edition - 971 pages
Chapter 1. Preliminary attachment under rule 57 Conceptual jurisprudence on preliminary attachment Party to apply preliminary attachment Stage to avail preliminary attachment Grounds upon which attachment may issue When to issue an order granting the issuance of writ of attachment The courts to issue order granting the application for attachment Order of attachment different from the writ of attachment Contents of order granting the application for attachment Property subject of the order granting the application for attachment Rule on several writs issued When to grant order of attachment Condition of applicants' bond Duty of sheriff enforcing the writ and manner of attaching property When to issue the sheriff's return and its contents Real and personal property subject of and manner of attachment Effect of attachment of debts, credits and other personal property Effect of attachment of interests in property belonging to estate Examination of party When attached property may be sold Who may move for the discharge of attachment and when Who can, how and when to discharge attachment on other grounds Proceedings where property claimed by third person How to satisfy judgment out of property attached Rules on balance and excess Rule on recovery upon counter-bond Rule on disposition of money deposited Effects of judgment against attaching party Procedure to claim for damages due to improper, irregular or excessive attachment Chapter 2. Preliminary injunction under rule 58 Principles on preliminary injunction Who may grant preliminary injunction Grounds for issuance of preliminary injunction Application and bond for preliminary injunction or temporary restraining order Preliminary injunction cannot be granted without notice ; exception Grounds for objection, or motion for dissolution of injunction or restraining order Rule on service of copies of bonds and effect of its disapproval Judgment to include damages against party and sureties When to grant final injunction Bar examination as practical exercises Chapter 3. Receivership under rule 59 Principles on receivership Rule on appointment receiver Bond on appointment of receiver Denial of application or discharge of receiver Oath and bond of receiver Service of copies of bonds ; effect of disapproval of same General powers of receiver Liability for refusal or neglect to deliver property to receiver Termination of receivership Chapter 4. Replevin under rule 60 Principles of replevin Who can avail replevin Stage to avail replevin Matters of form of order and writ of replevin Duty of sheriff Rule on return of property Disposition of property by sheriff Proceedings where property claimed by third person Return of papers Rule on judgement Judgement to include recovery against sureties Chapter 5. Support pendente lite under rule 61 Principles on support pendente lite Adverse party to file comment and hearing Order granting the application Rule on enforcement of order Support in criminal cases Rule on restitution Chapter 6. Provisional remedies under Supreme Court issuances and special laws Provisional remedies under supreme court issuances Rule on corporate rehabilitation (A.M. no 00-8-10-SC) Rule on involuntary commitment of children (A.M. 02-1-19) Rule on provisional order (A.M. no 02-11-12-SC) Rule on custody of minors and writ of habeas corpus in relation to custody of minors (A.M. 03-04-04-SC) Rule of procedure in cases of civil forfeiture, assets preservation, and freezing of monetary instrument, property, or proceeds representing, involving, or relating to an unlawful activity or money laundering offense under Republic act no. 9160, as amended (A.M. no. 05-11-04-SC 2005-11-15) Rule on violence against women and their children (A.M. 04-10-11) Rule on the writ of Amparo (A.M. no 07.9-12-SC) Special rules of court on alternative dispute resolution (A.M. no. 07-11-08-SC) Rule on the writ of habeas data (A.M. no. 08-1-16-SC) Rules of procedure for environmental cases (A.M. no. 09-6-8-SC) Hold departure order in criminal cases (Circular no. 39-97) Rule on precautionary hold departure order (A.M. no. 18-07-05-SC) Provisional remedies under special laws Anti-money laundering act of 2001 (Republic act no. 9160, as amended) Anti-violence against women and their children act of 2004 (RA no. 9262) Alternative dispute resolution act of 2004 (Republic act no. 9285) Human security act of 2007 (Republic act no. 9372) Anti-child pornography act of 2009 (Republic act no. 9775) Philippine act on crime against international humanitarian law, genocide, and other crimes against humanity (Republic act no. 9851) Chapter 7. Interpleader under rule 62 Meaning of interpleader Parties to the complaint for interpleader Jurisdiction and venue of the complaint for interpleader When interpleader is proper Court order for conflicting claimants to interplead Summons and accompanying documents Motion to dismiss and the grounds Answer and other pleadings Determination/adjudication of rights Docket. lawful fees, costs and litigation expenses as liens Chapter 8. Declaratory relief and similar remedied under rule 63 Chapter 9. Review of judgments and final orders or resolutions of the commission on elections and the commission on audit under rule 64 Chapter 10. Certiorari, prohibition and mandamus under rule 65 Chapter 11. Supreme court issuance on other special civil actions writ of kalikasan and writ of continuing mandamus (A.M. no. 09-6-8-SC) Procedure to file a petition for writ of kalikasan Procedure to file a petition for continuing mandamus Chapter 12. Quo warranto under rule 66 Actions by government against individuals When solicitor general or public prosecutor must commence action When Solicitor General or public prosecutor may commence action with the court's permission When hearing had on application for permission to commence action When an individual may commence such an action Parties and contents of petition against usurpation Period of pleadings and proceedings may be reduced ; action given precedence Judgment where usurpation found Rights of persons entitled to public office and delivery of books and papers ; damages Limitations Judgement costs Chapter 13. Expropriation under rule 67 Allegations of the complaint Entry of plaintiff upon depositing value authorized government depositary Defenses and objection order expropriation Ascertainment of compensation Proceedings by commissioners Report by commissioners and judgment thereupon Action upon commissioners' report Uncertain ownership ; conflicting claims Rights of plaintiff after judgment and payment Entry not delayed by appeal ; effect of reversal Costs, by whom paid Recording judgement, and its effect Power guardian in such proceedings Chapter 14. Foreclosure of real estate mortgage under rule 68 Chapter 15. Partition under rule 69 Chapter 16. Forcible entry and unlawful detainer under rule 70 Chapter 17. Contempt under rule 71
9786210211474
Provisional remedies--Philippines
Extraordinary remedies--Philippines
Remedies (Law)--Philippines
347.59905
Provisional remedies and special civil actions : principles and cases / by Voltaire T. Duano - Second edition - 971 pages
Chapter 1. Preliminary attachment under rule 57 Conceptual jurisprudence on preliminary attachment Party to apply preliminary attachment Stage to avail preliminary attachment Grounds upon which attachment may issue When to issue an order granting the issuance of writ of attachment The courts to issue order granting the application for attachment Order of attachment different from the writ of attachment Contents of order granting the application for attachment Property subject of the order granting the application for attachment Rule on several writs issued When to grant order of attachment Condition of applicants' bond Duty of sheriff enforcing the writ and manner of attaching property When to issue the sheriff's return and its contents Real and personal property subject of and manner of attachment Effect of attachment of debts, credits and other personal property Effect of attachment of interests in property belonging to estate Examination of party When attached property may be sold Who may move for the discharge of attachment and when Who can, how and when to discharge attachment on other grounds Proceedings where property claimed by third person How to satisfy judgment out of property attached Rules on balance and excess Rule on recovery upon counter-bond Rule on disposition of money deposited Effects of judgment against attaching party Procedure to claim for damages due to improper, irregular or excessive attachment Chapter 2. Preliminary injunction under rule 58 Principles on preliminary injunction Who may grant preliminary injunction Grounds for issuance of preliminary injunction Application and bond for preliminary injunction or temporary restraining order Preliminary injunction cannot be granted without notice ; exception Grounds for objection, or motion for dissolution of injunction or restraining order Rule on service of copies of bonds and effect of its disapproval Judgment to include damages against party and sureties When to grant final injunction Bar examination as practical exercises Chapter 3. Receivership under rule 59 Principles on receivership Rule on appointment receiver Bond on appointment of receiver Denial of application or discharge of receiver Oath and bond of receiver Service of copies of bonds ; effect of disapproval of same General powers of receiver Liability for refusal or neglect to deliver property to receiver Termination of receivership Chapter 4. Replevin under rule 60 Principles of replevin Who can avail replevin Stage to avail replevin Matters of form of order and writ of replevin Duty of sheriff Rule on return of property Disposition of property by sheriff Proceedings where property claimed by third person Return of papers Rule on judgement Judgement to include recovery against sureties Chapter 5. Support pendente lite under rule 61 Principles on support pendente lite Adverse party to file comment and hearing Order granting the application Rule on enforcement of order Support in criminal cases Rule on restitution Chapter 6. Provisional remedies under Supreme Court issuances and special laws Provisional remedies under supreme court issuances Rule on corporate rehabilitation (A.M. no 00-8-10-SC) Rule on involuntary commitment of children (A.M. 02-1-19) Rule on provisional order (A.M. no 02-11-12-SC) Rule on custody of minors and writ of habeas corpus in relation to custody of minors (A.M. 03-04-04-SC) Rule of procedure in cases of civil forfeiture, assets preservation, and freezing of monetary instrument, property, or proceeds representing, involving, or relating to an unlawful activity or money laundering offense under Republic act no. 9160, as amended (A.M. no. 05-11-04-SC 2005-11-15) Rule on violence against women and their children (A.M. 04-10-11) Rule on the writ of Amparo (A.M. no 07.9-12-SC) Special rules of court on alternative dispute resolution (A.M. no. 07-11-08-SC) Rule on the writ of habeas data (A.M. no. 08-1-16-SC) Rules of procedure for environmental cases (A.M. no. 09-6-8-SC) Hold departure order in criminal cases (Circular no. 39-97) Rule on precautionary hold departure order (A.M. no. 18-07-05-SC) Provisional remedies under special laws Anti-money laundering act of 2001 (Republic act no. 9160, as amended) Anti-violence against women and their children act of 2004 (RA no. 9262) Alternative dispute resolution act of 2004 (Republic act no. 9285) Human security act of 2007 (Republic act no. 9372) Anti-child pornography act of 2009 (Republic act no. 9775) Philippine act on crime against international humanitarian law, genocide, and other crimes against humanity (Republic act no. 9851) Chapter 7. Interpleader under rule 62 Meaning of interpleader Parties to the complaint for interpleader Jurisdiction and venue of the complaint for interpleader When interpleader is proper Court order for conflicting claimants to interplead Summons and accompanying documents Motion to dismiss and the grounds Answer and other pleadings Determination/adjudication of rights Docket. lawful fees, costs and litigation expenses as liens Chapter 8. Declaratory relief and similar remedied under rule 63 Chapter 9. Review of judgments and final orders or resolutions of the commission on elections and the commission on audit under rule 64 Chapter 10. Certiorari, prohibition and mandamus under rule 65 Chapter 11. Supreme court issuance on other special civil actions writ of kalikasan and writ of continuing mandamus (A.M. no. 09-6-8-SC) Procedure to file a petition for writ of kalikasan Procedure to file a petition for continuing mandamus Chapter 12. Quo warranto under rule 66 Actions by government against individuals When solicitor general or public prosecutor must commence action When Solicitor General or public prosecutor may commence action with the court's permission When hearing had on application for permission to commence action When an individual may commence such an action Parties and contents of petition against usurpation Period of pleadings and proceedings may be reduced ; action given precedence Judgment where usurpation found Rights of persons entitled to public office and delivery of books and papers ; damages Limitations Judgement costs Chapter 13. Expropriation under rule 67 Allegations of the complaint Entry of plaintiff upon depositing value authorized government depositary Defenses and objection order expropriation Ascertainment of compensation Proceedings by commissioners Report by commissioners and judgment thereupon Action upon commissioners' report Uncertain ownership ; conflicting claims Rights of plaintiff after judgment and payment Entry not delayed by appeal ; effect of reversal Costs, by whom paid Recording judgement, and its effect Power guardian in such proceedings Chapter 14. Foreclosure of real estate mortgage under rule 68 Chapter 15. Partition under rule 69 Chapter 16. Forcible entry and unlawful detainer under rule 70 Chapter 17. Contempt under rule 71
9786210211474
Provisional remedies--Philippines
Extraordinary remedies--Philippines
Remedies (Law)--Philippines
347.59905