Remedial law : recitals in civil procedure : with notes and cases including Rules 22 & 24 (for the bench and bar, law students and bar reviewees) / by Eleuterio Larisma Bathan
Material type:
- text
- unmediated
- volume
- 9786210203530
- 347.59905
Item type | Current library | Collection | Call number | Copy number | Status | Barcode | |
---|---|---|---|---|---|---|---|
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Cubao Branch Law Research Center | LRC | LRC 347.59905 B331r 2017 (Browse shelf(Opens below)) | c. 2 | Available | 123250d | |
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Main Library Law Research Center | LRC | LRC 347.59905 B331r 2017 (Browse shelf(Opens below)) | c. 1 | Available | 123249d |
Preparatory to complaint
Cause of action
Parties to an action
Indigent party
Nature of the action, jurisdiction and rules of procedure
Small claims cases
Real action
Ejectment, unlawful detainer and forcible entry
Claims for damages are merely incidental in real actions
Effect if assessed value is not alleged in the complaint
Action capable of pecuniary estimation
Action incapable of pecuniary estimation
Condition precedent to comply
Venue of actions
Venue of petition for insolvency in the place where the respondent resides
The provisional remedies
I. Preliminary attachment
II. TRO / preliminary injunction
III. Receivership
IV. Replevin
V. Support pendente lite
Complaint
Parts of complaint
Filing complaint
Lis pendens
Duty of lawyer and the court/ judge if complaint with prayer for issuance of TRO/preliminary injunction is filed
Court's duty upon receipt of complaint (without TRO application)
Duty of the court/ judge if complaint with application for issuance of a writ of preliminary attachment
Prohibitions to trial court/ judge action upon receipts of complaint
Rules on summons (rule 14)
Extraterritorial service of summons
Preliminary attachment to acquire jurisdiction over the person of the defendant
Last points in summons
Party's remedy to ask the court to cite a party in contempt of court (indirect)
Trial court's power to cancel notice of lis pendens
Defendant's remedial options upon receipt of summons
The rules on motions
Modes of service and filing of motions and pleadings
Trial court's power to dismiss a case
Motion to dismiss
Lack of jurisdiction
Duty of defendant (petitioner) when applying for ancillary relief of TRO and/ or WPI
Doctrine of judicial courtesy filing a motion for extension to file a petition for certiorari, as a rule, not grantable, exception
Venue
Capacity to sue
Litis pendentia
Res judicata
Res judicata vs. foreign judgements involving divorce decree
Res judicata sets in statute of limitations as ground for dismissal of complaint
Period of prescription for renewal of judgment
No cause of action as ground for dismissal of complaint
Laches
Ground for dismissal of complaint
Non-joinder of indispensable parties is not a ground for motion to dismiss
Filing of several motions or identical motions to dismiss alleging the same ground is prohibited
Remedy of defendant if his motion to dismiss complaint is denied
Effect of dismissal if motion to dismiss is granted
Dismissal on various grounds and its effect (with prejudice and without prejudice)
Defendant may file motion for extension of time to answer
Filing an answer to the complaint
The judge should not motu proprio dismiss the case after the filing of the answer on ground that the complaint lacks a cause of action
Denial and contesting the genuineness and due execution of actionable document
Counterclaim
Compulsory counterclaim
Permissive counterclaim
Amendment to pleading
Inaction of defendant to complaint
Parties' remedies after answer id filed
Genuine issue
Sham issue
Default
Rule on default
Intervention
Pre-trial & pre-trial conference
Notice of pre-trial
Pre-trial brief
Benefits of pre-trial
Mediation
Certiorari (rule 65) vs. admission or refection of depositions
Substitution of parties
Trial
Presentation of evidence
Reverse order of trial
New system for speedy court trial
Judicial affidavit rule
Trial court's power to motu proprio dismiss case after plaintiff rests its case
Demurrer to evidence
Pose judgment remedies
Execution of judgment (rule 39)
Supervening events as grounds for modification or alteration of a final judgement
Sheriff's role and duty in the execution of judgement
Execution upon judgements or final orders
Third party claim Revival of judgment
Appeal
Appeal from first to second level court
Appeal from second level court to court of appeals
Harmless error rule
Motion for reconsideration (rule 37)
Motion for new trial (rule 37)
Petition for relief from judgement (rule 38)
Petition for relief is denied; remedy
Remedy of adverse of petition for relief is granted
Annulment of judgement (rule 47)
Special civil actions
Appeal (rule 41) vs. certiorari (rule 65)
Prohibition
Mandamus
Efficient use of paper rule
Guidelines on submission and processing of soft copies of supreme court-bound papers pursuant to the efficient use of paper rule
Finality of judgement and entry of judgement
Law of the case
Liberal interpretation of the rules
Judge's inhibition
Voluntary inhibition
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