Execution (Rule 39)

Raw notes on Execution from Atty. Salvador III’s lectures+ some provisions/illustrations/Riano comments The font is a little too small. Needs to be downloaded for unlimited zoom in. https://drive.google.com/file/d/1GlJ-ZDZzEhrNegx8ddEMetC5zJVZtSJi/view?usp=sharing Notable provisions: “Walang pupunta sa bar if hindi alam ang…” Sec. 6, 9, 10, 11

Civil Procedure Part VI (Rule 18)

We’ve covered Motions and Dismissal of Actions in our last post. Let’s now go to the rather long but important rule on Pre-trial. “The importance of pre-trial in civil actions cannot be overemphasized. In Balatico v. Rodriguez, the Court, citing Tiu v. Middleton, delved on the significance of pre-trial, thus:Pre-trial is an answer to theContinue reading “Civil Procedure Part VI (Rule 18)”

Civil Procedure Part V (Rules 15 and 17)

We’re done with Summons, let’s move on to Rule 15, Motions. RULE 15- MOTIONS Why don’t we start with the last provision of Rule 15 to shake things up? Just kidding, it’s good to start with Sec. 13 because this is tied directly with what we already learned before: affirmative defenses and grounds for dismissal.Continue reading “Civil Procedure Part V (Rules 15 and 17)”

Civil Procedure Part IV (Rules 11-14 and 22)

Let’s continue our discussion with Rule 11 and see where we go from there. RULE 11- WHEN TO FILE RESPONSIVE PLEADINGS This Rule speaks mostly just about time, so we’re probably better off making a diagram for provisions about time. Here’s the imgur link that can be zoomed in/downloaded. As for the more substantial provisions:Continue reading “Civil Procedure Part IV (Rules 11-14 and 22)”

Civil Procedure Part III (Rules 7, 9, 10)

Last time, we focused on Rule 6, 8, and Rule 34 (which only has two sections). Now, let’s start with Rule 7 and see where that takes us. RULE 7- PARTS AND CONTENTS OF PLEADING We have the sort of inconsequential Sections 1 and 2. SECTION 1. Caption.— The caption sets forth the name of the court,Continue reading “Civil Procedure Part III (Rules 7, 9, 10)”

Civil Procedure Part II (Rules 5, 6, 8, and 34)

We’re done with Rules 1-4 in our previous post, let’s continue with Rule 5. But wait, before that, let’s have a bird’s eye view of the flow of ordinary civil actions for initiatory pleadings:1. It starts with Rule 2: Cause of Action– Do you have a cause of action? 2. If you have a causeContinue reading “Civil Procedure Part II (Rules 5, 6, 8, and 34)”

Civil Procedure Part I (Rules 1-4)

Previously, we discussed jurisdiction. Let’s move on to the provisions of the Rules of Court GENERAL PROVISIONS- RULE 1 SECTION 1. Title of the Rules.— These. Rules shall be known and cited as the Rules of Court. SEC. 2. In what courts applicable. — These Rules shall apply in all the courts, except as otherwise provided by theContinue reading “Civil Procedure Part I (Rules 1-4)”

Jurisdiction

Our flow will be guided by Dean Tranquil Salvador III’s lectures. General v. Special Jurisdiction General Jurisdiction: The power to adjudicate all controversies, except those expressly withheld from the plenary powers of the court Special Jurisdiction: Which restricts the court’s jurisdiction only to particular cases and subject to such limitations as may be provided byContinue reading “Jurisdiction”

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