Rules of Court
Rules of Court Remedial Law PART I / Civil Procedure RULE 1 / General Provisions Section 1. Title of the Rules Section 2. In what courts applicable Section 3. Cases governed Section 4. In what case not applicable Section...
Results for “Rules of Court Section 5. Effect of dismissal”
III. CIVIL PROCEDURE Rules of Court, as amended by A.M. No. 19-10-20-SC / H. Dismissal and Default / 2. Dismissal upon Motion by Plaintiff; Effect on Existing Counterclaim - Rule 17, Sec. 2
...ffect on Existing Counterclaim - Rule 17, Sec. 2 III. CIVIL PROCEDURE Rules of Court, as amended by A.M. No. 19-10-20-SC / H. Dismissal and Default III. CIVIL PROCEDURE Rules of Court, as amended by A.M. No. 19-10-20-SC...
An action for ejectment of a parcel of land is filed in the Municipal Trial Court (MTC) of City Delta by A against B....
...follow-up. Constitution of the Philippines, Article VIII, Section 5, Rules of Court, Rule 65 (Certiorari, Prohibition and Mandamus)
Citations: Constitution of the Philippines, Article VIII, Section 5, Rules of Court, Rule 65 (Certiorari, Prohibition and Mandamus)
Facts: A plaintiff sues for damages arising from a road-traffic collision in the Regional Trial Court. After a protra...
...testing core knowledge with a fresh fact pattern. Rule 17, Section 3, Rules of Court
Citations: Rule 17, Section 3, Rules of Court
(a) Identify the Court of Appeals’ controlling remedy and the standard of review when challenging a National Labor Re...
(a) Identify the Court of Appeals’ controlling remedy and the standard of review when challenging a National Labor Relations Commission (NLRC) decision, order, or final ruling in a labor dispute via a petition for certio...
Citations: Rule 65, Section 1, Rules of Court (Philippines)
In a civil action for collection of a sum of money based on a written loan agreement, Plaintiff Alpha Financial Corp....
In a civil action for collection of a sum of money based on a written loan agreement, Plaintiff Alpha Financial Corp. sues Defendant Beta Manufacturing Co. After issues are joined, the case is set for trial. On the sched...
Citations: Rule 17, Sec. 3, Rules of Court, Civil Code Art. 1144
Z is charged with murder. Information filed March 5; arraignment March 20. The time to commence trial under Rule 119...
...the case. On June 30, the People file a new information for the same offense in the same court. (a) What remedy does Rule 119, Sec. 9 provide when the accused is not brought to trial within the time limit? (b) What is t...
Citations: Rule 119, Sec. 9, Rules of Court, Constitution, Article III, Section 14(2) (right to speedy trial)
Rules on Civil Procedure
Rules on Civil Procedure Remedial Law RULE 1 / General Provisions Section 1. Title of the Rules Section 2. In what courts applicable Section 3. Cases governed Section 4. In what case not applicable Section 5. Commencemen...
Rules on Criminal Procedure
Rules on Criminal Procedure Remedial Law RULE 110 / Prosecution of Offenses Section 1. Institution of criminal actions Section 2. The Complaint or information Section 3. Complaint defined Section 4. Information defined S...
(a) State the controlling doctrine on the effect of the absence of the accused at the preliminary investigation. (b)...
...at the preliminary investigation. (b) Distinguish this rule from the rules governing absence during trial or other proceedings in criminal cases. (c) Apply the rule to the following scenario: A preliminary investigation...
Citations: Rules of Court, Rule 112, Constitution, Article III, Section 14
(a) Identify the doctrine governing the Supreme Court's power to promulgate rules concerning the practice of law and...
...entify the doctrine governing the Supreme Court's power to promulgate rules concerning the practice of law and the administration of the judiciary. (b) Distinguish the scope and limits of that power, especially with resp...
Citations: Constitution, Article VIII, Section 5(5)
A civil action for quieting of title and reconveyance over real property is filed in the Municipal Trial Court (MTC)...
A civil action for quieting of title and reconveyance over real property is filed in the Municipal Trial Court (MTC) by Aria against Bruno. The land is registered in Bruno’s name, and the relief sought would, if granted...
Citations: Rules of Court, Rule 14 (Lack of jurisdiction as a ground for dismissal), Rules of Court, Rule 40 (Relief from judgments or final orders), Estoppel by consent/participation doctrine in Philippine jurisprudence (as applied to SMJ)
An action for damages for illegal dismissal is filed in the Regional Trial Court (RTC) of Davao City by A against B,...
...service by publication, with respect to when each is valid under the Rules of Court; (c) applying the rule to the facts, did the RTC acquire jurisdiction over B...
Citations: Rules of Court, Rule 14 (Summons)
(a) Identify the doctrine governing the Supreme Courtf power to promulgate rules concerning the administration of th...
...entify the doctrine governing the Supreme Courtf power to promulgate rules concerning the administration of the judiciary and the practice of law. (b) Distinguish the scope and limits of that power, especially with resp...
Citations: 1987 Constitution, Article VIII, Section 5, Supreme Court Rules of Court (as promulgated by the Supreme Court)
(a) Identify the doctrine governing the Supreme Court's power to promulgate rules concerning the administration of th...
...entify the doctrine governing the Supreme Court's power to promulgate rules concerning the administration of the judiciary. (b) Distinguish the scope and limits of that power, especially with respect to whether it may im...
Citations: Constitution of the Republic of the Philippines, Article VIII, Section 5
Under the 1987 Constitution, the Supreme Court retains the power to promulgate rules concerning the practice of law a...
...1987 Constitution, the Supreme Court retains the power to promulgate rules concerning the practice of law and the administration of the judiciary. The Court recently issued Rule 58-D, which requires every applicant for...
Citations: Constitution of the Philippines, Article VIII, Section 5 (Power to promulgate rules concerning the admission to the practice of law and the administration of the judiciary)., Rules of Court implementing the Court’s rule-making authority.
Facts: A consumer sues a manufacturer for damages arising from a defective product in an Regional Trial Court. After...
...efective product in an Regional Trial Court. After an extended period of inaction, the court dismisses the action on the plaintiff’s motion to withdraw, and the dispositive order states: “Dismissed with prejudice” for fa...
Citations: Rules of Court (Philippines), generally on dismissal for failure to prosecute and the effect of a final dismissal (dismissal with prejudice), Res judicata/claim preclusion doctrine in Philippine jurisprudence (across fora)
Facts: A plaintiff sues for damages arising from a slip-and-fall in a department store in the Regional Trial Court. A...
...epartment store in the Regional Trial Court. After a prolonged period of inaction, the court dismisses the action on the plaintiff’s motion to withdraw; the dispositive order states: “Dismissed with prejudice” for failur...
Citations: Rules of Court (Philippines) – dismissal for lack of prosecution rules; labeling it as 'with prejudice' vs 'without prejudice' governs finality and refiling., Res judicata principle under Philippine civil law (civil code framework) governing final judgments and their binding effect between parties.
(a) Identify the doctrine governing the Supreme Court's power to promulgate rules concerning the admission to the pra...
...entify the doctrine governing the Supreme Court's power to promulgate rules concerning the admission to the practice of law. (b) Distinguish the scope and limits of that power, especially with respect to requirements fra...
Citations: Constitution of the Philippines, Article VIII, Section 5., Rules of Court – Rules on Admission to the Practice of Law (as the source describing the Court's regulatory authority over admission)
A police officer applies to a Municipal Trial Court judge for a search warrant to search a residential building at 12...
A police officer applies to a Municipal Trial Court judge for a search warrant to search a residential building at 123 Abad Street, Barangay Malinis, City of Cebu, for illegal drugs and drug paraphernalia. In the accompa...
Citations: Rules of Court, Rule 126, Constitution, Article III, Section 2
A search warrant is issued by a Municipal Trial Court for the residence of Amelia Reyes at Block 9, Lot 14, Emerald H...
...search warrant is issued by a Municipal Trial Court for the residence of Amelia Reyes at Block 9, Lot 14, Emerald Heights Subdivision, Pasig City, to search for firearms and unlicensed ammunition, based on an informant’s...
Citations: Constitution of the Philippines, Article III, Section 2 (protection against unreasonable searches and seizures; requirement of probable cause and particular description)., Rules on Criminal Procedure (Rule 126) (Quashal of search warrants and related remedies).
Bea Lim lives with her live-in partner, Ken Santos, in a two-bedroom apartment. Two police officers, without a warran...
...r live-in partner, Ken Santos, in a two-bedroom apartment. Two police officers, without a warrant, enter the unit to investigate a tip that drugs are stored there. Ken, who is not the owner but acts as the unit’s manager...
Citations: Constitution of the Philippines, Article III, Section 2 (privacy right and protection against unreasonable searches and seizures), Rules on Search and Seizure (Rule 126, Rules of Court)
Facts: A plaintiff sues for damages for breach of contract in the Regional Trial Court. After a protracted delay, the...
...rces the practical import of the dismissal label for refiling rights. Rules of Court, as amended by A.M. No. 19-10-20-SC (...
Citations: Rules of Court, as amended by A.M. No. 19-10-20-SC (Dismissal with prejudice vs. dismissal without prejudice).
In the City of Luntian, a candidate for city council, Ms. Maya Cruz, files a certificate of candidacy under Party Ref...
...Rule 65, arguing due process and misapplication of nuisance candidacy rules. (a) Identify the nuisance candidacy doctrine and the controlling rule that justifies declaration under Section 68. (b) Distinguish nuisance can...
Citations: Omnibus Election Code, Section 68, Rules of Court, Rule 65