Remedial law. Atty brondi notes.

12 questions in remedial law. Civ pro 5max, crim 3 max, evid, 2 question , spec pro 1 , SPA- 1.

6. appeal

Concentrate on this: Joinder of causes, death, default, demurrer and appeal

Always answer yes or no. small claims, jurisdiction-limited only to money claims based on contracts,
expropriation- rtc, qou warranto- concurrent jurisdiction, fundamental principles of jurisdiction- any
judgment judgement final order without jurisdiction is null and void, jurisdictional estoppel, jurisdiction
over subject matter is conferred by law. Small claims- not under if more than 400k. Jurisdiction over the
plaintiff-upon filling of complaint and payment of correct docket fees. Defendant- voluntary valid service
of summons. juris in issue- determining on the allegation of complaint. If cannot acquire jurisdiction-
covert the action into rem, by preliminary attachment. In criminal case, venue is jurisdiction.

SCA- special civil action- apply the fundamental, jurisdiction CPM- Concurrent jurisdiction ,apply the
hierarchy of court, transcendental importance and SC not trier of facts.

Quo warranto- new doctrine in sereno- if filed by govt, prescription does not apply, can go over in
impeachment- a political function, they can move independently, quo warranto- judicial in nature.

Section 6 Rule 7- the revolutionary amendatory provision. Removal of rule 16, increase the period to file
answer, the content of pre trial, and admissibility of evidence, has been affected.

 Content of pleading now are include evidence, pleading should not only constitute ultimate
facts and also evidentiary matters.

Appeal- jurisdiction is exclusive, cannot apply concurrent jurisdiction, because decision/j/FO. Mtc-rtc,
rtc-ca, ca-to SC. CA/CTA EN BANCC/ CB/COA/COMELEC and SHARIA appellate court- to SC.

Rule 40 Sectiob

45 pure question of law, exp, amparo, habeas data and criminal cases.

Judgment- final judgment and executory, final judgment- 3 remedies, MR/NT/Appeal. Executoy-
PTRJ/AJ(possible question)- remedy against executory judgment under rule 47- established that it is not
due to fault to avail the final judgment under rule 37.

Execution- Levy pwede

Demurrer- in civil and criminal, in civil rule 33, continuous trial may be raised orally, after prosec, it is
incumbent upon the defense, not incumbent that it is in writing. EmpaSIzed, it must be done orally. If
granted in crim- acquittal, and in civil -granted is dismissal and can appeal. If appellate court reverse the
defendant losses the right to present evidence.

Default- there is no judgment of default, order of default- 1 remedy is to set aside, in judgment- remedy
MR/NT/Appeal.

Criminal pro.
Inquest in lieu of criminal investigation

Memorize, the warrantless arrest, 4 yun hindi tatlo, include the flag rante, hot pursuit, and escape rule
and absconding rule(on bail)

Bail- enrile doctrine, matter of right, it si constitutional right to avail the – when evidence of guilt is not
strong, burden is on the prosecution. So it is matter of evidence.

Recognizance, apply in minor cases or light offences. If minor even the charge is grave-not entitled,
remedy- DSWD.

Appeal- open the entire case, even an unassigned, can look into the court.

Judgement – 2 kinds, conviction and acquittal- acquittal must specifically state. Whether crime noto
author or not prove beyond reasonable doubt, determine the Civil case.

State witness- ANSAM

New doctrine-(mary jane Veloso)- the modes of discovery in rule 23 pending, is not applicable in criminal
case, there is exception character there is compelling circumstance, then deposition pending action may
be allowed.

Evidence

2 questions

Admissibility of evidence -definition of evidence. Is mean sanction by these rules. Of ascertaining the in a
judicial proceeding the truth respecting a matter of fact.

Admissibility- relevant and competency(not excluded by the law, consti or the rules), authentication( in
electronic can only be authen, by someone privy thereto ( or a party to the electronic evid, if not ask for
the expert witness- in info and tech like servers globe or smart,,,,,, how to authenticate not identifiable
object like in drug case, the shabu, apply the chain of custody rule- the duly authorized movement from
time of confiscation to presentation of evidence) and offer. Only private doc need to authen, exp ancient
doct New now is Apostille- no need cert from local if member to treaty. T

The qualification- one who can perceived or perceiving make know their perception, ability to recall,
communicate and.

Expanded, lawyer client relationship

Dead man is no longer disqualification, it is now exception to hearsay rule.

Impeachment of a witness- 3 modes, contradictory evidence, as distinguished from character and .

Just compensation in expropriation- here the case, already abandoned the previous case, limcai chong-
the immutability of judgment in determination of just compen. The doctrine lay down has been
abandoned. The determination is absolutely and strictly a judicial function.

Certiorary and appeal, are mutually exclusive.

Writ of amparo- extra judicial killing and enforced disappearance.

Environmental cases- healthful and balance ecology, singit daw sa sagot, any environmental law if for
maintaining ang preserving HBE.

Slapp-

Jurisdiction – writ of kalikasan, not cognizable by lower court, it is only CA and SC. The rest is SC.