REM NOTES

MIDTERMS

Where is the venue in small claims cases?

What is the effect of misrepresentation that he/she/it not engaged in lending, banking and similar
activities?

What is the remedy in case of adverse judgment in small claims?

Certiorari to RTC because the same is final and executor and appealable.

No answer is filed, but the defendant filed a motion to dismiss. He was then declared in default.
The defendant contended that his allegations in motion to dismiss shall be deemed his answer, is
that proper?

No. Allegations in the motion to dismiss shall not be deemed an answer to the complaint as the motion
to dismiss is not a responsive pleading.

What is the remedy in case of default judgment in small claims?

What is the remedy in case of order of default?

Rule 9, sec. 3. A party declared in default may at any time after notice thereof and before judgment
file a motion under oath to set aside the order of default upon proper showing that his failure to
answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious
defense.

In such case, the order of default may be set aside on such terms and conditions as the judge may
impose in the interest of justice.

What is the remedy in case of judgment by default?

Can sharia courts adjudicate unlawful detainer and small claims cases between Muslims?

Is a supplemental pleading is granted, increasing the amount of claim. Can the case be dismissed
for insufficient filing fees?

What is the effect of counter claims in dismissal of complaint, by motion to dismiss, notice of
dismissal by plaintiff, motion to dismiss by plaintiff, dismissal for failure to obey the order of the
court?

In case the defendant died during the barangay conciliation, and the heirs demand barangay
conciliation? What is the defendant died during the action?

Answer:

New complaint should be filed before the barangay against the heirs of the original respondent,
otherwise there is non-compliance of the rule –NOTE THIS!!!!

The court thus ruled that the petitioner’s complaint against the respondent Heirs was premature. It
bears stressing that they were not impleaded by the petitioner as parties-respondents before the
Lupon. The petitioner filed her complaint solely against the respondet Josephine Pablo. Moreover, the
said respondent heirs were not privy to the said agreement, and such, were not bound by it.

What are the requisites for Certification Against Non Forum Shopping?

What is the effect for failure to provide certification against non-forum shopping? Can the case be
dismissed motu propio?

No. Because the Rule 7, Sec. 5 states that it is only upon motion and hearing.

What is the remedy of the plaintiff in case the case is dismissed due to lack of certification of non-
forum shopping?

What is the remedy is the defendant fails to deny under oath the actionable document? Basis?

Can there be motion for extension to file pleadings in environmental cases?

Yes, but shall not exceed 15 days.

What is the defendant failed to file an answer in environmental proceedings?

Rule 2, Sec. 15. The court shall declare defendant in default and upon motion of the plaintiff to
present evidence ex parte, and the court shall render judgment based thereon and reliefs prayed for.

Remedy in case of adverse decision of IP cases?

Rule 9, sec. 2 of IP Cases, All decisions and final orders shall be appealable to the Court of Appeals
through a petition for review under Rule 43 of the Rules of Court.

Remedy if the necessary party is no impleaded?

Remedy if the indispensable party is not impleaded?

Remedy in case of decision in envi proceedings?

Remedy in case of writ of kalikasan?

Rule 45 to SC. Rule 7, Sec. 16

Remedy in case of writ of continuing mandamus?

Remedies in case of dismissal by the plaintiff?

Remedy in case of default judgment?

Remedy in case of failure to answer in UD and FE?

Remedy in case of denial of lis pendens?

Remedy in case the plaintiff failed to appear at pre-trial?

Remedy in case of decision of NLRC?

Remedy in case of forum shopping?

What is SLAPP?

Distinguish demurrer to evidence in civil and criminal proceedings

Distinguish lis pendens and litis pendentia

Distinguish bar by prior judgment and conclusiveness of judgment

Distinguish recoupment and set off

Distinguish pre-trial in civil cases and in criminal cases.

FINALS

Are courts empowered with contempt in administrative proceedings?

What are the grounds for injunction?

What is writ of continuing mandamus?

What are the requisites to declare the defendant in default?

Remedy in case of adverse decision of COA?

What is equity redemption?

Can you execute support pedente lite?

Yes, immediately executory/

Effects of demurrer in civil cases?

What is writ of kalikasan?

When counterbond in attachment is not necessary?

What are the grounds for cancellation of attachment?

What is the doctrine of strong arm of equity?

Answer:

Injunction only be extended in cases of great injury where courts of law cannot afford an adequate or
commensurate remedy in damages; in cases of extreme urgency; where the right is very clear; where
considerations of relative inconvenience bear strongly in complainants favor; where there is a willful
and unlawful invasion of plaintiffs right against his protest and remonstrance, the injury being a
continuing one, and where the effect of the mandatory injunction is rather to reestablish and maintain
a preexisting continuing relation between the parties, recently and arbitrarily interrupted by the
defendant, than to establish a new relation.

Requisites for class suit?

What is status quo order?

What is status quo ante order?

Remedy in case the court did not issue writ of possession?

Remedy in case of adverse decision in IP Cases?

What is terceria?

What are rules in venue?

How summons be served in private foreign juridical entity?

Where is the venue in personal and real action?

What is TRO?

Can a final and executor judgment be enjoined by injuction?

What is the doctrine of non-prosecitur?

Remedy in case the landlord refused to accept the rentals?

Remedy to enforce judgment after five years?

Venue for real action?

Can NLRC issue writ of replevin?

No. Replevin is a possessory action, the gist of which is the right of possession in the plaintiff. The
primary relief sought therein is the return of the property in specie wrongfully detained by another
person. It is an ordinary statutory proceeding to adjudicate rights to the title or possession of personal
property. The question of whether or not a party has the right of possession over the property involved
and if so, whether or not the adverse party has wrongfully taken and detained said property as to
require its return to plaintiff, is outside the pale of competence of a labor tribunal and beyond the
field of specialization of Labor Arbiters.

What are the immediately executory judgments?

What are the non-appealable judgments?

Is third party complaint allowed in expropriation proceedings?

Remedy in case summons not duly served upon the defendants?

Can permissive CC be filed in SC?

Is referral to mediation allowed in SC?

What is consent decree?

What is the plaintiff failed to appear in environmental proceedings?

Remedy in case of dismissal of SLAPP?

Remedies of mortgagee in case of failure to pay the debt?

What is the best evidence in UD, and FE?

What are the actions that survive?

What summons by publication in inrem action allowed?

What is the principle of immutability of judgment?

Where is the venue in quo warranto proceedings?

Who has jurisdiction in the annulment of sale?

When indirect contempt is available?

Can writ of amparo be a substitute for certiorari or appeal?

Effects of foreign judgment?

OTHER CRITICAL AREAS

Is bill of particulars part of a pleading?

What are the dismissal with prejudice?

Distinguish motion for summary judgment and judgment on the pleadings?

Requisites for written motions?

SC jurisdiction that should be heard en banc?

Jurisdiciton of CTA?

What is doctrine of hierarchy of courts?

Doctirne of non-interferrence?

What is doctrine of exhaustion of administrative remedies?

Doctrine of primary jurisdiction?

What is totality rule?

Requirements to join causes of action?

Remedy in case of non-joinder of casues of action? In case of misjoinder?

Who are necessary parties?

Who are indispensable parties?

What is the rule in bringing in new parties?

What is the rule in representatives as parties?

How money claims should proceed?

Distinguish class suit, derivative suit, and citizen suit.

Remedy in case of non-joinder or misjoinder of parties?

What are the pleadings that need affidavit of merit?

What are the pleadings that need to be verified?

What is forum shoping? Effects of non-compliance, remedies.

What is verification?

Effect of non-compliance in verification? Remedy?

What is certificate of non-forum shopping? Effects of non-compliance, remedies.

What is an oder of default?

What is judgment by default?

Can there be motu propio order default?

When there is no order of default?

Distinguish amendment and supplemental pleadings.

What are the modes of service of papers?

What is the doctrine of constructive notice?

What service is deemed complete?

When to file responsive pleadings?

What are the kinds of summons?

How to serve summons?

To whom service of summons be made?

When substituted service of summons be made? How?

Requisites of a written motion?

What is omnibus motion?

What is single motion rule?

Rule 52 Section 2. Second motion for reconsideration. — No second motion for reconsideration of
a judgment or final resolution by the same party shall be entertained. (n)

What is evidence in motion?

What is one day one witness rule?

What is most important witness rule?

What is motion to dismiss?

What are the grounds for motion to dismiss?

Remedy in case of denial of motion to dimiss?

Remedy in case of granting motion to dimiss?

When the dismissal is with prejudice?

How can plaintiff dismiss a complaint?

What is doctrine of non-prosicutur

What is pre-trial?

What is subpoena?

What are the grounds for quashing subpoena?

What are modes of discovery? When to avail?

Effects of failure to obey with modes of discovery?

Distinguish letters rogatory and letters commission.

What are kinds of trial?

What are kinds of judgment?

Effects of foreign judgment?

What is trial by commissioner?

What are the grounds for petition for relief?

Grounds for annulment of judgment?

Grounds for MR?

Grounds for new trial?

What is fraud, accident, mistake and excusable neglect?

Judgment not stayed on appeal

Rule 39 Section 4. Judgments not stayed by appealJudgments in actions for injunction, receivership, accounting and
support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be
enforceable after their rendition and shall not, be stayed by an appeal taken therefrom, unless otherwise ordered by
the trial court. On appeal therefrom, the appellate court in its discretion may make an order suspending, modifying,
restoring or granting the injunction, receivership, accounting, or award of support.

Plus:

Small Claims

Appealed decision of RTC in FE and UD.

Decisions in environmental cases.

Judgment where no appeal-

Sec. 1, Rule 41 - No appeal may be taken from:

(a) An order denying a motion for new trial or reconsideration;

(b) An order denying a petition for relief or any similar motion seeking relief from judgment;

(c) An interlocutory order;

(d) An order disallowing or dismissing an appeal;

(e) An order denying a motion to set aside a judgment by consent, confession or compromise on the ground
of fraud, mistake or duress, or any other ground vitiating consent;

(f) An order of execution;

(g) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court
allows an appeal therefrom; and

(h) An order dismissing an action without prejudice.