1 11 21 31 41 51 61 71

11 – extend time 1 1(g) – court’s 1

to answer 2 permission; 3rd- 3
3 party plaintiff 11 – appeal from
4 appeal from indirect
order dismissing contempt
complaint for - Differentiate
failure to direct and
prosecute indirect
6 – material data contempt
rule
12
13
2 12 22 32 42 52 62
1 2 1 – how
2 2
5 (b), (d) – relate 3 – ground of
with sec. 6 and dismissal
11
17 in rel to levy
3 13 23 33 43 53 63
3 in rel to R8S4 4 (a), (c) 1 No 3rd-party
5(c) 29 ! complaint in
6 in rel with Sec. declaratory relief
11
8
4 – Venue ALL 14 24 34 44 54 64
8 1 15
11
12
16
20 – voluntary
appearance
5 15 25 35 45 55 65
6 3 1 1
2 2
3 3
4 – 18 copies 4
5 – esp. 2nd par.
 5 – ground for
dismissal
6
6 16 26 36 46 56 66
7 1 5 1!
8 – cross claim MTD granted; 2
not permissive remedy: 4 & 5 – ex. Of
13 - MR multiple appeals
- Annulment allowed
- Certiorari 65
MTD denied;
remedy
- No appeal,
R65
5
6
7 17 27 37 47 57 67
3 -effect of 2 1 – period; 1 1(a) – must be
signature 3 ground 10 about to depart
4 - verification 7 2 the Phils. with
5 – C of non- 3 intent to defraud
forum shopping; - When pro 4
MEMORIZE forma 14 – affidavit;
- Not interrupt inclusion to
period of discharge
appeal attachment
8 18 28 38 48 58 68
4 - Remedy for 2 1
8 party to 4
10 move to set 5
11 – re: aside a
unliquidated compromise
damages in rel to judgment
r34s1 and r35s3
9 19 29 39 49 59 69
1 3(d)
2 6
3 – default 9
MEMORIZE 13 – esp. last par.
 38 – deposition
may be taken
after final and
executory
judgment
47
Requisites of Res
Adjuducata
- Requisites of
litis
pendentia
10 20 30 40 50 60 70
5 2 8 - important 1* 1 – in relation 2
with R39S13; 12 – conciliation
property 13 – review Iñigo
exempted last 16
paragraph 16
9 17
19
21

Define:
Civil action
Special proceeding
Action in personam
Action in rem; quasi in rem
Real action
Personal action
Mixed action
Transitory action
Cause of action
Venue
Interlocutory orders*
Party in interest*

Rule on docket fees:

- Failure to pay – dismissal
- Partial payment – dismissal unless paid within the reglementary period
- Amend Case – pay increase of fee within the reglementary period

Jurisdiction
- MTC
o Unlawful detainer and forcible entry
-
- RTC
o Incapable of pecuniary estimation
- Sum of money
- Real property or interest therein, etc.

Petition for prohibition (65) vs. Injunction – Iñigo

Smithbell case
Ching case
Contract of lease
- real action – affects possession of real property
- in personam – only between the parties
Question of fact vs. question of law
Final order vs. final and executory judgment
Jurisdiction vs. exercise of jurisdiction
Failure to state a cause of action(MTD) vs. lack of cause of action (demurrer)
Right of action vs. cause of action
Elements of cause of action
MTD lack of jurisdiction over subject matter – any time even on appeal; person of defendant – only as MTD or affirmative defense in answer
Judgment on merits
o when it amounts to declaration of the law as to the respective rights and duties of the parties, based upon the ultimate facts ot state of facts
disclosed by the pleadings and evidence, and upon which the right or recovery depends, irrespective of formal, technical or dilatory objections on
contentions
law of the case vs. res judicata
when in default:
o rule 9 sec. 3;
o rule 29 sec 3(a) – refuse to obey discovery order
“work product rule”
o rule immunizes from discovery the notes, impressions and other work product of the lawyer gathered and obtained in preparation for litigation
nunc pro tunc
collateral estoppel
rule 45 vs 65
supersedeas bond:
o rule 39 sec 3(c) – stay discretionary execution
o rule 70 sec. 19 – stay of execution of ejection
affidavit of merit
o facts constituting the movant’s good and substantial defenses but also state the nature and character of the FAME on which the motion for relief
was based