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Provisional remedies and special civil actions : principles and cases / by Voltaire T. Duano

By: Material type: TextTextPublisher: Quezon City : Central Books Supply, 2020Edition: Second editionDescription: 971 pagesContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9786210211474
Subject(s): DDC classification:
  • 347.59905
Contents:
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
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Book Book Main Library Law Research Center LRC LRC 347.59905 D812p 2020 (Browse shelf(Opens below)) Available 125334d

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

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