Professional Documents
Culture Documents
Rem Notes v2
Rem Notes v2
MIDTERMS
What is the effect of misrepresentation that he/she/it not engaged in lending, banking and similar
activities?
Certiorari to RTC because the same is final and executor and appealable.
No answer is filed, but the defendant filed a motion to dismiss. He was then declared in default.
The defendant contended that his allegations in motion to dismiss shall be deemed his answer, is
that proper?
No. Allegations in the motion to dismiss shall not be deemed an answer to the complaint as the motion
to dismiss is not a responsive pleading.
Rule 9, sec. 3. A party declared in default may at any time after notice thereof and before judgment
file a motion under oath to set aside the order of default upon proper showing that his failure to
answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious
defense.
In such case, the order of default may be set aside on such terms and conditions as the judge may
impose in the interest of justice.
Can sharia courts adjudicate unlawful detainer and small claims cases between Muslims?
Is a supplemental pleading is granted, increasing the amount of claim. Can the case be dismissed
for insufficient filing fees?
What is the effect of counter claims in dismissal of complaint, by motion to dismiss, notice of
dismissal by plaintiff, motion to dismiss by plaintiff, dismissal for failure to obey the order of the
court?
In case the defendant died during the barangay conciliation, and the heirs demand barangay
conciliation? What is the defendant died during the action?
Answer:
New complaint should be filed before the barangay against the heirs of the original respondent,
otherwise there is non-compliance of the rule –NOTE THIS!!!!
The court thus ruled that the petitioner’s complaint against the respondent Heirs was premature. It
bears stressing that they were not impleaded by the petitioner as parties-respondents before the
Lupon. The petitioner filed her complaint solely against the respondet Josephine Pablo. Moreover, the
said respondent heirs were not privy to the said agreement, and such, were not bound by it.
What are the requisites for Certification Against Non Forum Shopping?
What is the effect for failure to provide certification against non-forum shopping? Can the case be
dismissed motu propio?
No. Because the Rule 7, Sec. 5 states that it is only upon motion and hearing.
What is the remedy of the plaintiff in case the case is dismissed due to lack of certification of non-
forum shopping?
What is the remedy is the defendant fails to deny under oath the actionable document? Basis?
Rule 2, Sec. 15. The court shall declare defendant in default and upon motion of the plaintiff to
present evidence ex parte, and the court shall render judgment based thereon and reliefs prayed for.
Rule 9, sec. 2 of IP Cases, All decisions and final orders shall be appealable to the Court of Appeals
through a petition for review under Rule 43 of the Rules of Court.
FINALS
Answer:
Injunction only be extended in cases of great injury where courts of law cannot afford an adequate or
commensurate remedy in damages; in cases of extreme urgency; where the right is very clear; where
considerations of relative inconvenience bear strongly in complainants favor; where there is a willful
and unlawful invasion of plaintiffs right against his protest and remonstrance, the injury being a
continuing one, and where the effect of the mandatory injunction is rather to reestablish and maintain
a preexisting continuing relation between the parties, recently and arbitrarily interrupted by the
defendant, than to establish a new relation.
What is terceria?
What is TRO?
No. Replevin is a possessory action, the gist of which is the right of possession in the plaintiff. The
primary relief sought therein is the return of the property in specie wrongfully detained by another
person. It is an ordinary statutory proceeding to adjudicate rights to the title or possession of personal
property. The question of whether or not a party has the right of possession over the property involved
and if so, whether or not the adverse party has wrongfully taken and detained said property as to
require its return to plaintiff, is outside the pale of competence of a labor tribunal and beyond the
field of specialization of Labor Arbiters.
Jurisdiciton of CTA?
Doctirne of non-interferrence?
What is verification?
Rule 52 Section 2. Second motion for reconsideration. — No second motion for reconsideration of
a judgment or final resolution by the same party shall be entertained. (n)
What is pre-trial?
What is subpoena?
Rule 39 Section 4. Judgments not stayed by appealJudgments in actions for injunction, receivership, accounting and
support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be
enforceable after their rendition and shall not, be stayed by an appeal taken therefrom, unless otherwise ordered by
the trial court. On appeal therefrom, the appellate court in its discretion may make an order suspending, modifying,
restoring or granting the injunction, receivership, accounting, or award of support.
Plus:
Small Claims
(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
(e) An order denying a motion to set aside a judgment by consent, confession or compromise on the ground
of fraud, mistake or duress, or any other ground vitiating consent;
(g) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court
allows an appeal therefrom; and