Civ Pro Reviewer

Question 1

Judicial Stability case

Answer 1

courts of coordinate JD CANNOT be interfered by writ of preliminary injunction

barroso v. j. omelio

Question 2

rule-making power of the SC case

Answer 2

estipona v. lobrigo

RA 9165 s27 prohibiting plea-bargaining is unconstitutional as it is a matter of procedure

Question 3

relaxation of rules or liberal construction

Answer 3

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

Question 4

can a presiding judge make his own rules of court?

case

Answer 4

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

Question 5

what is the process of criminal procedure?

Answer 5

1. offended party goes to fiscal/prosecutor’s office to file a complaint affidavit
2. proesecutor will conduct preliminary investigation
3. respondent will be aware by serving a sub poena given opportunity to answer the complaint through a counter affidavit
4. if there is probable cause, prosecutor will file formal charge or information in court
5. if judge finds probable cause then he will issue a warrant

Question 6

what is the remedies of an unrecognized child ?

case

Answer 6

file a special proceeding to be declared a legitatmatte child

Heirs of Magdaleno Ypon v. Ricaforte

Question 7

what is rule 72 sec 2

Answer 7

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

Question 8

annulment of mortgage deed without transfer. real or personal?

Answer 8

real. purpose was to annul the mortgage deed and not for reconveyance

Question 9

why differentiate real action form personal?

Answer 9

JD (docket fees payment)
Venue

Question 10

importance of docket fees

Answer 10

heirs of bertuldo v. hon. melicor

Question 11

action for FORECLOSURE. personam, in rem, quasi-in rem?

Answer 11

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

Question 12

why classify in personam, in rem, quasi-in rem

Answer 12

• determine JD of person over DEFENDANT is required
• type of summons to be included

Question 13

neighor A saves property of B from a calamity wihtout B’s consent. can A ask reimbursement?

Answer 13

yes based on the negotiorum gestio quasi-contract

Question 14

is it a cause of action against an employer/owner of a vehicle whe nthe driver breaches contract of carriage?

principle

Answer 14

yes based on the master-servant rule or respondeat superior

Question 15

difference between failure to state v lack of a cause of action

Answer 15

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)

Question 16

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

Answer 16

yes because (reconveyance of title) and (forcible entry) are totally different subject matters

dela cruz v CA

Question 17

three test to know if 2 suits relate to a single cause of action

case

Answer 17

1. same evidence for both
2. same defenses raised for both
3. 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

Question 18

remedies against splitting of a cause of action

Answer 18

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

Question 19

rules before joining the causes of action

Answer 19

1. comply with rules on joinder (R3 S6)
2. DO NOT include special civil actions
3. 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)
4. apply totality rule

Question 20

entities authoried by law to be parties

Answer 20

JURIDICAL ENTITIES

1. corporation by estoppel - cant deny theyre corp. (stuck to being defendant & not plaintif)
2. contract of partnership
3. estate of a deceased person
4. labor org
5. roman catholic church
   6.dissolve corporation - 3 years prescription
6. partnership for the practice of law

Question 21

action if party impleaded NOT authorized to be a party for plaintiff and defendant

Answer 21

plaintiff: ground that plaintiff has NO legal capacity to sue

defendant: ground that “pleading asserting claims states no cause of action

Question 22

doctrine stating only contracting parties, their heirs and assigns are bound by the stipulation of contract

Answer 22

doctrine of relativity of contracts

Question 23

real party in interest v locus standi

Answer 23

ex. locus standi more on public sphere ex a taxpayer claiming illegal disbursement of public funds

Question 24

test of indispensable party

Answer 24

1. can relief be received to the plaintiff w/o the presence of that one?
2. can the court reach a fair decision without that party? if yes, then not indispoensblae

Question 25

can A join a collection for sum of money + a prohibition?

Answer 25

no. you cannot join an ordinary and a special civil action (they have different rules)

Question 27

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?

Answer 27

Yes, in the RTC (Rule 2 (2))

Question 28

A has 2 parcels in CEBU (1M) & DANAO (200k). 5 years earlier, B barged into A’s properties. Can A join these two actions?

Answer 28

Yes

Question 29

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?

Answer 29

Yes. Mr. A can choose whichever RTC

Question 30

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?

Answer 30

No. because both venues are MTC

Question 31

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.

Answer 31

Yes, both cases are in the same venue