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RemLaw Chart

The document discusses Philippine civil procedure and criminal procedure rules and principles across multiple topics including jurisdiction, pleadings, judgments, appeals, special civil actions, special proceedings, evidence rules, and writs.

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Joni Aquino
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© © All Rights Reserved
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0% found this document useful (0 votes)
288 views10 pages

RemLaw Chart

The document discusses Philippine civil procedure and criminal procedure rules and principles across multiple topics including jurisdiction, pleadings, judgments, appeals, special civil actions, special proceedings, evidence rules, and writs.

Uploaded by

Joni Aquino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

General Principles

Jurisdiction

Civil Procedure

Provisional Remedies

Special Civil Actions

Remedial Law Special Proceedings

Criminal Procedure

Evidence

Writ of Amparo

Writ of Habeas Data

Rules of Procedure on
Environmental Cases

1
GENERAL PRINCIPLES

Substantive Law vs
Remedial Law

Rule-making power of the


SC

Principle of Judicial
Hierarchy

Doctrine of Non-
interference/Judicial
Stability

2
CIVIL PROCEDURE

General Provisions

Cause of Action

Kinds

Parties to Civil Actions

Parts of a pleading

Venue

Manner of making allegations

Pleadings

Effect of failure to plead

Amended and supplemental


pleadings

When to file responsive


pleadings

Rules on payment of docket


fees; effect of non-payment
Filing and service of pleadings,
judgments, final orders, and
resolutions
R13

Nature and purpose of


summons in relation to actions
IP, IR, and QIR
Summons

R14

In general

Motions MTD

MBP

w/ prejudice vs w/o prejudice

Kinds
dismissals w/c have an effect
Dismissal of an adjudication on the
merits
R17

Pre-trial

Intervention

Depositions

Subpoena

Interrogatories to parties

Computation of time

Admission by adverse party

Modes of discovery

Production/Inspection of
documents/things

Trial

Physical/Mental examination
of persons

Consolidation or severance

Refusal to comply with MOD

DTE

Jt on the pleadings

Judgments and final orders Summary jt

Rendition and entry of jts and


Post-jt remedies
final orders

Execution, Satisfaction, and


Effect of Judgments

3
POST JUDGMENT REMEDIES

R37

MNT/MR
Remedy against
denial/fresh-period rule

Jts and final orders subj. to


appeal

Matters not appealable;


avail remedies

Doctrine of
Period of appeal
finality/immutability of jt

Modes of appeal from jts or


Perfection of appeal
final orders of various cts

Review of jts or final orders


of COA, COMELEC, CSC, and Issues to be raised
OMB
Appeals
Review of jts or final orders
of QJA

Dismissal, reinstatement,
and withdrawal of appeal

PRJ

AOJ

Collateral attack on jts

4
PROVISIONAL REMEDIES

Nature, purpose, and jd


over provisional remedies

Preliminary attachment

Preliminary injunction

Receivership

Replevin

5
SPECIAL CIVIL ACTIONS

Jd and venue

Interpleader

Declaratory relief and similar


remedies

Review of jts and final orders


or resolutions of COMELEC Definitions and distinctions
and COA

Requisites; when and where


CPM
to file

XPNs to filing of MR before


QW
filing petition

R67

Expropriation
Guidelines for expropriation
proceedings of nat'l gov't
infrastructure projects

Judicial FC

Foreclosure of REM EJ FC

Partition GBL of 2000

cf. accion publiciana and


accion reivindicatoria
Forcible entry and unlawful
detainer

R70

Contempt

6
SPECIAL PROCEEDINGS

Venue and process

Summary settlement of
estates

Allowance/Disallowance of
wills

Settlement of estate of
Claims against the estate
deceased persons

Escheat Payment of debts of estate

Sales, mortgages and other


encumbrances of property
of decedent

Distribution and partition

Venue

Appointment of guardians

Guardianship
Gen. powers and duties of
guardians

Termination of
guardianship

R102

Writ of HC
Writ of HC in rel. to custody
of minors
Change of name

Cancellation/correction of
entries in civil registry

Clerical error law

7
CRIMINAL PROCEDURE

Criminal jd; concept and


requisites for exercise
Gen. matters
When injunction may be
issued
Prosecution of offenses

Prosecution of civil action


Executive vs Judicial
determination of probable
cause
PI

R112

Arrest

Bail

Arraignment and plea

MTQ

Pre-trial

Trial

Judgment

MNT/MR

Appeal

Search and Seizure

Provisional remedies in
crim

RGCT

Rule on Cybercrime
Warrants

8
EVIDENCE

Proof vs Evidence

Burden of proof vs
General Concepts
burden of evidence

Equipoise rule

Requisites

Admissibility Exclusionary rules

Judicial notice and


Object (Real) Evidence
judicial admissions

Definition

Best Evidence rule

Documentary Evidence Secondary Evidence

Parol Evidence rule

Interpretation of
documents

Qualification of
witnesses

Testimonial privilege

Admissions and
confessions

Prev conduct as evidence

Testimonial evidence

Testimonial knowledge
Burden of proof and
presumptions
Hearsay and exceptions
to the hearsay rule

Opinion rule

Character evidence

Examination of witnesses

Authentication and proof


Presentation of evidence
of docs

JA Rule Offer and objection

Weight and suffiency of


evidence

Rules on electronic
evidence

9
RULES OF PROCEDURE ON ENVIRONMENTAL CASES

TEPO

Writ of continuing
mandamus

Writ of kalikasan

10

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