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Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Browse topics for this subject in the official outline.
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Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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I. GENERAL PRINCIPLES
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II. JURISDICTION
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A. Concept
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B. Subject Matter Jurisdiction
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1. Kinds
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C. Acquired Jurisdiction
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1. Over the Parties
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D. Jurisdiction of Philippine Courts and Tribunals
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9. Metropolitan and Municipal Trial Courts - R.A. No. 11576
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III. CIVIL PROCEDURE Rules of Court, as amended by A.M. No. 19-10-20-SC
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A. Classification of Actions
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E. Pleadings
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8. Filing and Service of Pleadings - Rule 13
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F. Summons - Rule 14
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1. Issuance; Contents
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2. Service
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b. Modes
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G. Motions - Rule 15
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H. Dismissal and Default
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I. Pre-trial - Rule 18 and A.M. No. 03-1-09-SC
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Q. Demurrer to Evidence - Rule 33
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1. Denial
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R. Judgments and Final Orders
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S. Post-judgment Remedies
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2. Reconsideration - Rule 37
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6. Appeal and Review
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a. Coverage
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e. Modes
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v. Appeal by Certiorari to the Supreme Court - Rule 45
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T. Execution, Satisfaction, and Effect of Judgments - Rule 39
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4. How a Judgment is Executed
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8. Res Judicata
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IV. PROVISIONAL REMEDIES
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B. Preliminary Attachment - Rule 57
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C. Preliminary Injunction - Rule 58
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IX. LEGAL AND JUDICIAL ETHICS
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A. Legal Ethics - Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC
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1. Practice of Law
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2. Admission to the Practice of Law
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a. Legal Education
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3. Continuing Requirements for Membership in the Bar
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4. Who May Practice Law
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a. Members of the Bar
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b. Non-members of the Bar
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c. Members of the Bar Prohibited from Private Practice
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d. Members of the Bar with Limited Legal Practice
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v. Justices, Judges, and Court Employees
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6. Unauthorized Practice of Law
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7. Duties and Responsibilities of Lawyers - CPRA
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a. General Provisions
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b. Independence - Canon I
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c. Propriety - Canon II
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d. Fidelity - Canon III
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e. Competence and Diligence - Canon IV
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f. Equality - Canon V
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v. Non-interference in Courts or Tribunals
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v. Reporting Dishonest, Deceitful, or Misleading Conduct - Sec. 12
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v. Responding to Inquiries - Sec. 5
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v. Responsibilities of Law Firms and Legal Clinics - Secs. 10, 11, 20, and 40
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8. Discipline and Disbarment of Lawyers - CPRA, Canon VI
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a. Nature of Bar Discipline Proceedings
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b. Institution of Bar Discipline Proceedings - Secs. 2, 3, and 30
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9. Notarial Practice - A.M. No. 02-8-13-SC, as amended
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B. Judicial Ethics
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1. Sources
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2. Principles
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d. Propriety - NCJC, Canon 4; 1989 CJC Canon 5, Rule 3.03,
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4. Administration and Discipline of Judges
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b. Disciplinary Proceedings against Members of the Judiciary
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V. SPECIAL CIVIL ACTIONS
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F. Expropriation - Rule 67; R.A. No. 8974, Sec. 4
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G. Foreclosure of Real Estate Mortgage - Rule 68; R.A. No. 8791, Sec. 47
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VI. SPECIAL PROCEEDINGS AND WRITS
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A. Settlement of Estate of Deceased Persons
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3. Judicial
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c. Testate - Probate Proceedings
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J. Environmental Cases - A.M. No. 09-6-8-SC
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VII. CRIMINAL PROCEDURE
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A. Criminal Jurisdiction
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B. Prosecution of Offenses - Rule 110
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C. Prosecution of Civil Action - Rule 111
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3. Reservation, Suspension, and Waiver
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4. Civil Liability Ex Delicto
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D. Preliminary Investigation - Rule 112
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4. Determination of Probable Cause
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5. Remedy from Investigator's Action
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E. Arrest - Rule 113
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1. Warranted Arrest
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F. Bail - Rule 114
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G. Rights of Accused - Rule 115
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H. Arraignment and Plea - Rule 116
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3. Guilty Plea
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I. Motion to Quash - Rule 117
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J. Pre-trial - Rule 118
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K. Trial - Rule 119
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M. Judgment - Rule 120
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2. Promulgation of Judgment
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P. Search and Seizure - Rule 126
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1. Warranted Search and Seizure
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a. Search Warrant
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v. Cybercrime Warrants - A.M. No. 17-11-03-SC
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2. Warrantless Search
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VIII. EVIDENCE
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A. General Provisions and Principles - Rule 128
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E. Admissibility
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1. Requisites - Rule 128, Sec. 3
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F. Weight and Sufficiency - Rule 133
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1. Standards
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G. Kinds
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1. Object or Real Evidence - Rule 130, Part A
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2. Documentary Evidence - Rule 130, Part B
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3. Testimonial Evidence - Rule 130, Part C
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b. Who may be Witnesses
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g. Hearsay Rule and Exceptions
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H. Presentation of Evidence - Rule 132
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1. Examination of a Witness
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2. Authentication and Proof of Documents
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3. Offer and Objection
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J. Presumptions
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K. Rules on the Transmission and Execution of Letters of Request for Taking of Evidence in Civil or Commercial Matters under the 1970 Hague Evidence Convention - A.M. No. 25-02-17-SC
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X. PRACTICAL EXERCISES
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I. Notarial Acts
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J. Motions
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L. Information
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