CIVIL PROCEDURE I
These are the four non-waivable defenses.
What are lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription?
This action is filed by a person who does not claim any interest in property or an obligation but faces conflicting claims from different parties.
What is interpleader?
This constitutional right allows a person in custody to obtain temporary liberty upon security given for release.
What is the right to bail?
Does an admission need to be based on personal knowledge?
No.
This remedy covers only extralegal killings and enforced disappearances or threats thereof.
What is the Writ of Amparo?
This may be declared against a defending party who fails to answer within the reglementary period.
What is default?
This special civil action seeks judicial determination of rights before breach or violation occurs.
What is declaratory relief?
It is an adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.
What is Judgment?
Those which represent the actual or physical object (or event in the case of pictures or videos) being offered to support or draw an inference or to aid in comprehending the verbal testimony of a witness.
What is demonstrative evidence?
This is the maximum value of the estate that allows summary settlement without appointment of an executor or administrator under Rule 74.
What is ₱10,000?
This motion seeks clarification of vague or ambiguous matters in a pleading.
What is a motion for bill of particulars?
Generally, this is the only issue to be resolved in cases under Rule 70.
What is better right to possession?
This doctrine bars a second prosecution for the same offense after acquittal, conviction, or dismissal without the accused’s express consent.
What is double jeopardy?
When can the court prevent the presentation of further evidence?
When the evidence to be further presented is no longer persuasive and only proves the same facts already proven by prior evidence The evidence here is no longer persuasive; redundant.
This proceeding gives effect in the Philippines to a will previously probated abroad.
What is reprobate?
These are written questions served by one party upon another to be answered in writing and under oath.
What are written interrogatories?
When can the Supreme Court may treat a Rule 65 Petition as a Rule 45 Petition?
(a) When the Petition is filed within the reglementary period for filing a Petition for review;
(b) when errors of judgment are averred; and
(c) when there is sufficient reason to justify the relaxation of the rules. When this Court exercises this discretion, there is no need to comply with the requirements provided for in Rule 65.)
A preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty imposed by law is at least?
What is 6 years and 1 day without regard to fine?
[DOJ 2024-15]
How is an adoptive admission made?
a) Expressly agreeing to or concurs in an oral
statement made by another;
(b) Hearing a statement and later on essentially
repeating it;
(c) Uttering an acceptance or builds upon the
assertion of another;
(d) Replying by way of rebuttal to some
specific points raised by another but
ignores further points which he or she has
heard the other make;
(e) Reading and signing a written statement
made by another.
This kind of error is visible to the eyes or obvious to understanding and correctable administratively.
What is a clerical or typographical error?
This is the twin period for filing a petition for relief from judgment.
What is within 60 days from knowledge of the judgment and within 6 months from entry of judgment?
When does the trial court lose jurisdiction over the subject matter of the record on appeal?
Upon the approval of the record on appeal, filed in due time, and the expiration of the time to appeal of the other parties.
When is the private offended party required to be present during arraignment in criminal proceedings?
1. For purposes of plea bargaining
2. Determination of Civil Liability
3. Other matters requiring his presence
[Sec. 1(f), Rule 116]
When can an ordinary witness testify on matters of opinion?
(a) The identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient
familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition or appearance of a person.
This quantum of environmental damage is required before the writ of kalikasan may issue.
What is environmental damage prejudicing life, health, or property in at least two cities or provinces?