Beruflich Dokumente
Kultur Dokumente
May 2 2016
Page 1 of 14
June 2 2016
Page 2 of 14
June 2 2016
Memorize Letter A to G
1. Order denying petition for relief (If
denied then no appeal, 65 ka)
2. Interlocutory Order cannot be
appealed (You appeal a final order
which disposes of a case completely)
3. An order disallowing an appeal or
dismissing an appeal can be appealed
from
4. Confession or Compromise cannot be
appealed from
5. Execution which is wrong
6. Order dismissing an action without
prejudice
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June 2 2016
- Sec 5 of Rule 7
* Remedy in the question is 65,
because there is no appeal. Without
prejudice, not appealable.
- Annul is certiorari
- Compel the court to go on with the
case is MANDAMUS.
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June 2 2016
Errors of jurisdiction
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June 2 2016
Page 6 of 14
June 2 2016
Rule 67
Foreclosure of Real Estate Mortgage File in RTC
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June 2 2016
Page 8 of 14
June 2 2016
Offilada UD
Monsanito v. Lim
- Exception: Failure to pay was in good faith,
there was no intention to avoid payment of
docket fee.
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June 2 2016
Jurisdiction over the parties Over the plaintiff and over the defendant
Plaintiff: Acquired when he files the complaint
court. Asked twice in the Bar.
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June 2 2016
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June 2 2016
SEC 11
- Enumeration is exclusive
- E.B Villarosa v. Benito
- No branch manager, it says general
manager. Strict Interpretation
- EXCLUSIVE and STRICT Interpretation
Robinsons v. Merialles
- Defendant had instruction to the guard not
to allow any person to enter.
- Sheriff then placed circumstances of service
- If you prevented compliance of the Rules,
then you are estopped in invoking the Rules.
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June 2 2016
April 21 2015
Resident Mammals of Canyon Straight v.
Secretary Reyes
- Wanted to service contracts in Canyon
Straight
- Rem issue is can you represent mammals
etc.
- If we can give legal standing to a corp which
does not exist, why not give legal standing to
living things.
* We have citizen suit, no need to resort to
such allegations.
Is it mandatory to implead indispensable Yes. Because without indispensable there is
parties? no final determination of the case.
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June 2 2016
Can court immediately dismiss the case when No. Differentiate from non-joinder or mis-
indispensable defendant is not impleaded? joinder of parties.
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