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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

By: Material type: TextTextPublisher: Quezon City : Central Books, 2017Edition: 2017 revised editionDescription: xiv, 1076 pagesContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9786210203530
Subject(s): DDC classification:
  • 347.59905
Contents:
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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Holdings
Item type Current library Collection Call number Copy number Status Barcode
Book Book Cubao Branch Law Research Center LRC LRC 347.59905 B331r 2017 (Browse shelf(Opens below)) c. 2 Available 123250d
Book Book 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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