Civ Pro Reviewer Flashcards
Judicial Stability case
courts of coordinate JD CANNOT be interfered by writ of preliminary injunction
barroso v. j. omelio
rule-making power of the SC case
estipona v. lobrigo
RA 9165 s27 prohibiting plea-bargaining is unconstitutional as it is a matter of procedure
relaxation of rules or liberal construction
A
capital punishment degree and technical error still availed relaxed
B
oposa v factoran
even w/o real party of interest, the SC relaxed the rules for transcendental matters and of intergenerational responsibility
can a presiding judge make his own rules of court?
case
yes. courts have the power to stay proceedings & control its processes as it is inherent and incidental to control the disposition of the cases on its docket
Security Bank Corp. J. Victorio
what is the process of criminal procedure?
- offended party goes to fiscal/prosecutor’s office to file a complaint affidavit
- proesecutor will conduct preliminary investigation
- respondent will be aware by serving a sub poena given opportunity to answer the complaint through a counter affidavit
- if there is probable cause, prosecutor will file formal charge or information in court
- if judge finds probable cause then he will issue a warrant
what is the remedies of an unrecognized child ?
case
file a special proceeding to be declared a legitatmatte child
Heirs of Magdaleno Ypon v. Ricaforte
what is rule 72 sec 2
Sec 2 applicability of rules of civil actions - in the absence of special provisions, the rules of ordinary actions shall be, as far as practicable, be applicable in special proceedings
annulment of mortgage deed without transfer. real or personal?
real. purpose was to annul the mortgage deed and not for reconveyance
why differentiate real action form personal?
JD (docket fees payment)
Venue
importance of docket fees
heirs of bertuldo v. hon. melicor
action for FORECLOSURE. personam, in rem, quasi-in rem?
quasi-in rem
naming debtor the defendant but you are after the property.
no demand of payment on the mortgager but enforcing mortgage right by foreclosing property
why classify in personam, in rem, quasi-in rem
- determine JD of person over DEFENDANT is required
- type of summons to be included
neighor A saves property of B from a calamity wihtout B’s consent. can A ask reimbursement?
yes based on the negotiorum gestio quasi-contract
is it a cause of action against an employer/owner of a vehicle whe nthe driver breaches contract of carriage?
principle
yes based on the master-servant rule or respondeat superior
difference between failure to state v lack of a cause of action
failure - assuming the allegations are true, is it enough to give judgement? if not then it is failure
(BEFORE TRIAL) (GROUNDS FOR DISMISS)
lack - UNable to show all 3 elements showed in evidence, (DURING TRIAL) (AFFIRMATIVE DEFENSE)
in the context of splitting a single cause of action. if A splits a cause of action for reconveyance of title over property and another cause of action for forcible entry/unlawful detainer. will it prosper?
CASE
yes because (reconveyance of title) and (forcible entry) are totally different subject matters
dela cruz v CA
three test to know if 2 suits relate to a single cause of action
case
- same evidence for both
- same defenses raised for both
- if CoA in 2nd existed at the time of filing of first
Umale V. Canoga park
test 3 is negative because the contract expired so is a different cause of action
remedies against splitting of a cause of action
litis pendentia - pending case involving THE SAME cause of action
res judicata - if other case has been decided & final & executory, and 2nd cause has the same cause of action
rules before joining the causes of action
- comply with rules on joinder (R3 S6)
- DO NOT include special civil actions
- joinder allowed in RTC if one cause of action falls within RTC’s JD (2m in lahug, 200k in talamban (JD of MTC) all in one city)
- apply totality rule
entities authoried by law to be parties
JURIDICAL ENTITIES
- corporation by estoppel - cant deny theyre corp. (stuck to being defendant & not plaintif)
- contract of partnership
- estate of a deceased person
- labor org
- roman catholic church
6.dissolve corporation - 3 years prescription - partnership for the practice of law
action if party impleaded NOT authorized to be a party for plaintiff and defendant
plaintiff: ground that plaintiff has NO legal capacity to sue
defendant: ground that “pleading asserting claims states no cause of action
doctrine stating only contracting parties, their heirs and assigns are bound by the stipulation of contract
doctrine of relativity of contracts
real party in interest v locus standi
ex. locus standi more on public sphere ex a taxpayer claiming illegal disbursement of public funds
test of indispensable party
- can relief be received to the plaintiff w/o the presence of that one?
- can the court reach a fair decision without that party? if yes, then not indispoensblae
can A join a collection for sum of money + a prohibition?
no. you cannot join an ordinary and a special civil action (they have different rules)
A has 2 parcels in CEBU: one in lahug (1M) & one in talamban (200k). 5 years earlier, B barged into A’s properties. Can A join these two actions? where will the case be filed?
Yes, in the RTC (Rule 2 (2))
A has 2 parcels in CEBU (1M) & DANAO (200k). 5 years earlier, B barged into A’s properties. Can A join these two actions?
Yes
A has 2 parcels in CEBU (1M) & DANAO (1M). 5 years earlier, B barged into A’s properties. Can A join these two actions? Which court?
Yes. Mr. A can choose whichever RTC
EX. 2 properties again. One in Cebu is 300k, 2nd is 200k in danao. (below 400k). B barged in both cognizable by the MTC of danao and MTC of Cebu. Both are the same parties. Can they join?
No. because both venues are MTC
one in cebu city; lahug and talamaban. Lahug property is 300k, Talamban is 200k. 5 years B barged into the proepties, cognizable of the MTCC of both properties. Is it possible to two cases even when theyre not cognizable of RTC.
Yes, both cases are in the same venue
