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Remedial Law > Rule 23 To 56 > Flashcards

Rule 23 To 56 Flashcards

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1
Q

What is the mode of discovery in civil cases?

A

Rules 23 to 28

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2
Q

What are the five modes of discovery in civil cases?

A
  • Depositions (Rule 23)
  • Letters rogatory (Rule 25)
  • Admission by adverse party (Rule 26)
  • Production or inspection of documents or things (Rule 27)
  • Physical and mental examination of witness (Rule 28)
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3
Q

What does Rule 23 pertain to?

A

Depositions pending actions

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4
Q

What was the old rule regarding taking depositions?

A

Required leave of court (LOC)

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5
Q

What is the new rule regarding taking depositions as of 2019?

A

Deposition is a matter of right; no need for leave of court, just upon ex parte motion

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6
Q

When can a deposition be taken?

A

Upon ex parte motion of a party after responsive pleading is filed

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7
Q

What does Section 16 of Rule 23 address?

A

Court’s control and protection during depositions

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8
Q

True or False: Taking a deposition on Saturday and Sunday is valid.

A

True

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9
Q

What is a deposition?

A

Taking of testimony out of court of any person at the instance of a party to the action

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10
Q

What is the general rule regarding the scope of examination in depositions?

A

The deponent may be examined on any matter relevant to the subject of the pending action

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11
Q

What are privileged matters in the context of depositions?

A

Matters not covered by examination due to confidentiality or privilege

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12
Q

What happens if a party fails to serve written interrogatories?

A

They may not be compelled to give testimony in open court or deposition pending appeal

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13
Q

What is the purpose of written interrogatories to parties?

A

To elicit material and relevant facts from adverse parties

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14
Q

Fill in the blank: The right to take depositions is not _______.

A

absolute

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15
Q

What must be shown for a court to prevent a deposition from being taken?

A

Good cause

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16
Q

What does Rule 25 cover?

A

Interrogatories to parties

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17
Q

What is the effect of taking depositions according to Rule 23?

A

Does not automatically make the deponent a witness for the party who conducted the deposition

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18
Q

What is the role of the court in controlling depositions?

A

The court can make orders to protect parties and deponents from annoyance, embarrassment, or oppression

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19
Q

What happens if a deposition is used to contradict or impeach a witness?

A

It may be used by any party for any purpose if certain conditions are met

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20
Q

Who may take depositions in foreign countries?

A
  • Secretary of embassy or legation
  • Consul general, consul, vice-consul, or consular agent of the Philippines
  • Any person authorized to administer oaths
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21
Q

What is a key limitation on who may take depositions?

A

No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity

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22
Q

What is the purpose of depositions before action?

A

To perpetuate testimony

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23
Q

What is the general rule regarding interrogatories to parties?

A

They must be served upon ex parte motion

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24
Q

What is the effect of substitution of parties on previously taken depositions?

A

Does not affect the right to use depositions previously taken

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25
Q

What is required for a deposition to be admissible in evidence?

A

It must be taken in accordance with the rules and relevant to the subject matter

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26
Q

What does it mean when issues are ‘joined’ in a legal context?

A

The issue is joined when the last pleading is already filed.

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27
Q

True or False: Written interrogatories require that issues are already joined.

A

True

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28
Q

Under Rule 26, what is the general rule regarding admissions by an adverse party?

A

All relevant matters can be presented.

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29
Q

Is an admission made by a party applicable to all cases?

A

No, it is only for the purpose of the pending action.

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30
Q

What does Rule 27 govern?

A

Production or inspection of documents or things.

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31
Q

What is required for a court to order the production of documents under Rule 27?

A

Good cause must be shown by the moving party.

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32
Q

What is the purpose of the inspection or copying of documents under Rule 27?

A

To obtain evidence material to any matter involved in the action.

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33
Q

In the case of Pangasinan Transportation Co. v. Gregorio A. Legaspi, what was the issue regarding Rule 27?

A

Whether proof of the financial standing of the defendant is necessary for requesting financial statements.

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34
Q

What does Rule 28 address?

A

Physical and mental examination of persons.

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35
Q

Under Rule 28, when can a court order a physical or mental examination?

A

When the mental or physical condition of a party is in controversy.

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36
Q

Under Rule 30, what is the maximum schedule for trial in civil cases?

A

10 months or 300 days.

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37
Q

True or False: Extensions for trial are granted for lack of preparation by counsel.

A

False

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38
Q

What are valid grounds for postponement of a trial under Rule 30?

A

Illness, indispensable presence of a party, substantial inability, force majeure, acts of God.

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39
Q

What is the initial presentation deadline for the plaintiff’s evidence?

A

Not later than 30 calendar days after the termination of the pre-trial conference.

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40
Q

What is the time limit for the presentation of evidence for third-party claims?

A

Shall not exceed 90 calendar days.

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41
Q

What is the time frame for the court to decide and serve copies of its decision?

A

Not exceeding 90 calendar days from submission of the case for resolution.

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42
Q

What is a motion to postpone trial based on illness required to show?

A

Indispensable presence and excusable non-attendance.

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43
Q

What is Rule 31 about?

A

Consolidation or severance of actions.

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44
Q

What is the function of a trial by commissioner under Rule 32?

A

Extension of the presiding judge to summon cases.

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45
Q

What are the grounds for a demurrer to evidence?

A

Plaintiff has shown no right to relief prayed for, insufficiency of evidences.

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46
Q

True or False: A denied demurrer to evidence is appealable.

A

False

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47
Q

What is required for a judgment on the pleadings under Rule 34?

A

An answer fails to tender an issue or admits material allegations.

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48
Q

What must be proved in actions for declaration of nullity or annulment of marriage?

A

Material facts alleged in the complaint.

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49
Q

What is the purpose of a summary judgment under Rule 35?

A

To recover upon a claim or obtain declaratory relief.

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50
Q

What is the difference between a judgment and a decision?

A

Judgment must be based on merits; decision contains reasons, facts, and laws.

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51
Q

What is the dispositive portion of a judgment?

A

The part that contains the decision or order of the court.

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52
Q

What is the difference between a judgment and a decision?

A

Judgment must be based on merits; decision is the entire document containing reasons, facts, and laws.

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53
Q

What is the dispositive portion?

A

The part of a judgment that states the resolution of the court.

54
Q

What must a judgment or final order include according to Section 1?

A

It must be in writing, prepared by the judge, signed, and state the facts and law on which it is based.

55
Q

What is the role of the clerk of court in the entry of judgments?

A

The clerk must enter the dispositive portion of the judgment.

56
Q

When is a judgment considered final?

A

When no appeal, motion for reconsideration, or new trial is filed within the prescribed time.

57
Q

What is the time limit for filing an appeal after a judgment?

A

15 days after notice of the judgment; 30 days if a record on appeal is required.

58
Q

Fill in the blank: The prescriptive period for execution begins from the ______ of the final judgment.

A

[final entry]

59
Q

What happens if there is a conflict between the body of the decision and the dispositive portion?

A

Generally, the dispositive portion prevails, except in cases of doubt where the body prevails.

60
Q

What is a judgment by default?

A

A judgment rendered when the defendant fails to file an answer within the reglementary period.

61
Q

What is a clarificatory judgment?

A

A ruling to clarify or interpret a previous decision, order, or judgment.

62
Q

True or False: A judgment nunc pro tunc corrects judicial errors.

A

False; it enters an act previously done that was omitted.

63
Q

What is the definition of a minute resolution?

A

A decision without merit signed only by the clerk of court and does not require Chief Justice certification.

64
Q

What are the grounds for filing a motion for new trial or reconsideration?

A
  • Fraud
  • Accident
  • Mistake
  • Excusable negligence
  • Newly discovered evidence
  • Excessive damages
  • Insufficient evidence
  • Decision contrary to law
65
Q

What is the time limit for filing a motion for new trial?

A

15 days, or 30 days for special proceedings.

66
Q

What is required for a motion for new trial based on newly discovered evidence?

A

It must be supported by affidavits of merits.

67
Q

What happens if a motion for new trial is granted?

A

The original judgment is vacated and the action stands for trial de novo.

68
Q

What is the time frame for a petition for relief from judgment or order?

A

Filed within 60 days after learning of the judgment, not more than 6 months after it was entered.

69
Q

What must accompany a petition for relief?

A

Affidavits showing fraud, accident, mistake, or excusable negligence.

70
Q

What is a pro forma motion?

A

A motion that does not specify findings or conclusions in the judgment which are unsupported by evidence.

71
Q

Fill in the blank: A second motion for new trial may be filed based on grounds not existing when the ______ motion was made.

A

[first]

72
Q

What is the effect of granting a motion for new trial based on newly discovered evidence?

A

The original judgment is set aside.

73
Q

What is required for a petition to be sufficient in form and substance?

A

It must be verified and include necessary affidavits.

74
Q

What is the time limit to file a petition for relief after a judgment or final order?

A

Not more than 6 months after the judgment or final order was entered

A petition for relief can still be availed after 60 days.

75
Q

What happens if the petition for relief is sufficient in form and substance?

A

The adverse parties are ordered to answer within fifteen (15) days from receipt

This is outlined in Section 4.

76
Q

What may the court grant during the proceedings of a petition for relief?

A

Preliminary injunction pending proceedings

This is subject to the filing of a bond by the petitioner.

77
Q

What is the consequence if a petition for relief is denied?

A

There is still a remedy through annulment of judgment

This is stated in Section 5.

78
Q

What occurs after an answer is filed in a petition for relief?

A

The court shall hear the petition and may dismiss or set aside the judgment

This is detailed in Section 6.

79
Q

When is execution a matter of right?

A

Upon motion, after the expiration of the period to appeal if no appeal has been perfected

This is outlined in Section 1 of Rule 39.

80
Q

When is execution discretionary?

A

When a judgment is executed pending appeal upon motion of the prevailing party

This is specified in Section 2.

81
Q

What does residual jurisdiction refer to?

A

The authority of the trial court to issue protective orders after an appeal is filed

It allows handling matters not part of the appeal.

82
Q

What is the time limit to execute a final and executory judgment?

A

Within five (5) years from the date of its entry

Afterward, it can be enforced by action before barred by the statute of limitations.

83
Q

Where can one appeal from a Municipal Trial Court?

A

To the Regional Trial Court exercising jurisdiction over the area

This is mentioned in Section 1 of Rule 40.

84
Q

What is the timeframe to appeal after notice of a judgment?

A

Within fifteen (15) days

If a record on appeal is required, it must be filed within thirty (30) days.

85
Q

What is required when filing a notice of appeal?

A

It must indicate the parties, the judgment appealed from, and material dates

This is stated in Section 3 of Rule 40.

86
Q

Is the payment of docket fees required for the perfection of an appeal?

A

Not required, but nonpayment is a ground for dismissal

This indicates the importance of fees in the appeal process.

87
Q

What effect does the perfection of an appeal have?

A

It applies residual jurisdiction by the court

The clerk is required to transmit records within 15 days.

88
Q

What happens if a lower court dismisses a case without trial?

A

The Regional Trial Court may affirm or reverse the dismissal

If affirmed due to lack of jurisdiction, RTC will try the case on merits.

89
Q

What are the modes of appeal from the Regional Trial Courts?

A
  • Ordinary appeal * Petition for review * Appeal by certiorari

Each mode has specific requirements and procedures.

90
Q

What must a verified petition for review include?

A

Certification of non-forum shopping and payment of fees

It is not a matter of right, but a matter of discretion of the CA.

91
Q

What is the duty of the clerk of court regarding transmittal of records?

A

Transmit the original or approved record on appeal within thirty (30) days

This includes proof of payment and certified copies of proceedings.

92
Q

What types of orders can be appealed?

A

Orders denying a petition for relief, interlocutory orders, and orders disallowing appeals are not appealable

However, orders with grounds of FAME are appealable.

93
Q

What is required from the respondent when a petition is filed?

A

To file a comment within ten (10) days

The comment must state acceptance of the petition’s matters and reasons against it.

94
Q

What happens after the comment is filed?

A

The record may be elevated for further consideration

The procedure continues based on the Court of Appeals’ assessment.

95
Q

What must the petitioner state regarding the petition?

A

The petitioner must state whether or not he accepts the statement of matters involved in the petition, point out insufficiencies or inaccuracies, and state reasons why the petition should not be given due course.

96
Q

What is the time frame for elevating the record to the Court of Appeals?

A

The original record of the case must be elevated within fifteen (15) days from notice.

97
Q

What happens after the elevation of the record?

A

The case is submitted for decision within a period of fifteen (15) days from notice.

98
Q

What is the prescriptive period for the Court of Appeals to render decisions?

A

The prescriptive period is twelve months for all lower collegiate courts and three months for all other lower courts.

99
Q

True or False: Labor cases fall under the scope of Rule 43.

A

False

100
Q

What is the period of appeal under Rule 43?

A

The appeal shall be taken within fifteen (15) days from notice.

101
Q

What must be included in the comment filed by the opposing party?

A

The comment must point out insufficiencies or inaccuracies in the petitioner’s statement and state reasons why the petition should be denied or dismissed.

102
Q

What is the order of oral arguments in the Court of Appeals?

A

The petitioner begins, followed by the respondents.

103
Q

What is the title of cases appealed to the Court of Appeals?

A

The title of the case remains the same as in the court of origin, with the appealing party referred to as the appellant and the adverse party as the appellee.

104
Q

What is the requirement for the transmittal of records to the Court of Appeals?

A

The original record must be transmitted within thirty (30) days after the perfection of the appeal.

105
Q

What is the appellant’s duty after receiving notice of the complete record?

A

The appellant must file a brief within forty-five (45) days.

106
Q

What is the effect of failing to file the appellee’s brief?

A

Failure to file the appellee’s brief is not a ground for dismissal; it waives the right to rebut the errors.

107
Q

What must be included in the contents of the appellant’s brief?

A

It must include a subject index, assignment of errors, statement of the case, statement of facts, issues of fact or law, arguments, and a prayer for relief.

108
Q

What is the grounds for annulment of judgments or final orders?

A

Grounds include extrinsic fraud and lack of jurisdiction.

109
Q

What is the prescriptive period for annulment based on extrinsic fraud?

A

It must be filed within four (4) years from its discovery.

110
Q

What is the significance of Rule 50?

A

Rule 50 outlines the grounds for dismissal of appeal.

111
Q

Fill in the blank: The appeal by certiorari to the Supreme Court is a matter of _______.

A

discretion

112
Q

What happens if the petitioner fails to comply with the requirements in a petition for certiorari?

A

It shall be sufficient ground for the dismissal of the petition.

113
Q

What must a petition for certiorari include?

A

It must include the full name of the petitioner and respondent, material dates, a statement of matters involved, and be sworn.

114
Q

What is the difference between original cases and special civil actions?

A

Original cases are for petitions for certiorari, prohibition, mandamus, while special civil actions apply when no remedy exists after court acted in excess or lack of jurisdiction.

115
Q

What is the effect of failure to file an appellant’s brief?

A

It is a ground for dismissal.

116
Q

What is the time frame for filing a reply brief?

A

The reply brief may be filed within twenty (20) days from receipt of the appellee’s brief.

117
Q

What action must be taken if the record on appeal is incomplete?

A

The clerk of the Court of Appeals must inform the court and recommend measures to complete the record.

118
Q

What must be done after the filing of the petition in original cases?

A

The court must determine if there are grounds for dismissal before acquiring jurisdiction.

119
Q

What happens if a trial is necessary in an annulment of judgment case?

A

The reception of evidence may be referred to a member of the court or a judge of a Regional Trial Court.

120
Q

What is a Preliminary Conference according to Rule 48?

A

An optional meeting that can lead to dismissal for non-appearance

Similar in function to Rule 18, where non-appearance can be a ground for dismissal.

121
Q

What is one effect of failing to appear at a Preliminary Conference?

A

Ground for dismissal

Refer to Rule 50(h).

122
Q

List the grounds for dismissal of an appeal under Rule 50.

A
  • Failure of the record on appeal to show timely appeal
  • Failure to file notice of appeal within the period
  • Failure to pay docket and other lawful fees
  • Unauthorized alterations in the record
  • Failure to serve and file required brief copies
  • Absence of specific assignment of errors in brief
  • Failure to correct or complete the record
  • Failure to appear at the preliminary conference
  • Order or judgment not being appealable

Each item corresponds to specific sections within Rule 50.

123
Q

What must every decision or final resolution of the court state according to Rule 51?

A

Findings of fact and conclusions of law

These may be contained in the decision itself or adopted from the appealed decision.

124
Q

Is a memorandum decision applicable in Philippine jurisdiction?

A

Yes, but only in the Court of Appeals, not in the Supreme Court

This is a classification of decisions.

125
Q

What is the allowed period for filing a Motion for Reconsideration in the Court of Appeals?

A

Fifteen (15) days from notice

No second motion for reconsideration is allowed for the same party.

126
Q

True or False: A second Motion for Reconsideration is allowed if filed by a different party.

A

True

This is allowed as per the rules.

127
Q

What is the maximum period for resolving a Motion for Reconsideration?

A

Ninety (90) days

Also allows for a stay on execution.

128
Q

What is the procedure for filing a New Trial according to Rule 53?

A

Filed any time after appeal perfection and before loss of jurisdiction

Follows the same procedure as Rule 37.

129
Q

What is required for a quorum in en banc cases according to Rule 54?

A

Majority of the members

This applies to the distribution of cases.

130
Q

What types of cases can be filed originally in the Supreme Court according to Rule 56?

A
  • Certiorari
  • Prohibition
  • Mandamus
  • Quo warranto
  • Habeas corpus
  • Disciplinary proceedings against judiciary members

Includes cases affecting ambassadors and public ministers.

131
Q

What modes of appeal are available before the Supreme Court?

A
  • Petition for review by certiorari
  • Appeal by certiorari

These are for decisions of the Court of Appeals, Constitutional Bodies, and Sandiganbayan.

132
Q

What happens if the Supreme Court en banc is equally divided in opinion?

A

The original action is dismissed; the judgment stands affirmed

This applies to both original and appealed cases.

Remedial Law (2 decks)

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