Wednesday, November 20, 2019

Points on Remedial Law

1. Certiorari under Rule 65 vs. Appeal by Certiorari under Rule 45

2. Demurrer to Evidence, Civil Action, Criminal Action

3. Unlawful Detainer/ Forcible Entry

4. Prohibited Pleadings and Submissions in Small Claims and Summary Procedure

5. Settlement of Estate; Testacy over Intestacy

6. Writ of Kalikasan and writ of continuing mandamus

7. Post Conviction Remedy of Habeas Corpus via Use of DNA Evidence

8. Administrative correction of First names/ typographical errors

9. Jurisdiction : totality rule and claims incapable of pecuniary estimation

10. Preliminary Attachment; writ of attachment, writ of execution pending appeal; writs of
possession and demolition

11. Dismissal of actions; Rule 17 Secs 2&3; Two dismissal Rule

12. Motion to Dismiss: lack of capacity, failure to state a cause of action; litis pendentia
vs. res judicata ( bar by prior judgment; conclusiveness of judgment)

13. immutability of judgments and hierarchy of courts

14. Jurisdiction of Sandiganbayan over cases involving public officers with Salary 26 and
under; when?

15. counterclaim survives despite dismissal of complaint

16. res gestae: spontaneous statements during startling occurence and in equivocal acts

17. certification of non-forum shopping

18. Best evidence vs. parol evidence; marital disqualification vs. marital privilege

19. res inter alios acta: two branches

20. amendments of pleadings; non impleading of indispensable parties

21. meritorious motion to quash

22. Judicial Affidavit Rule; Offer of Evidence

23. Pre-Trial/ Arraignment are mandatory

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24. motion to lift order of default (FAME); petition for relief from judgment by default (
FAME)

25. multiple admissibility vs. conditional admissibility

26. Rule 29, Sec. 3(e)

27. remedy of accused who fails to attend promulgation despite notice to counsel

28. motions: notice and hearing, 3 day notice rule

29. judgment on the pleadings/summary judgment

30. right to independent and competent counsel; inadmissible oral confession during
custodial interrogation; right to speedy trial/ disposition of cases; double jeopardy.