Interpleader LEONARDO R. OCAMPO vs. LEONORA TIRONA – G.R. No.147812. April 6, 2005 Declaratory Relief and Similar Remedies Almeda v. Bathala Marketing Industries, Inc., 542 SCRA 470 Kawasaki Port Services, Corp. v. Amores, 199 SCRA 230 Exclusive jurisdiction Exception (SC) Review of Judgments and Final Orders or Resolutions of the COMELEC & COA Certiorari, ProhibitionContinue reading “SPECIAL CIVIL ACTIONS”

Rules of Court RULE 60 Replevin

RULE 60 Replevin Section 1. Application. — A party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner hereinafter provided. (1a) Section 2. Affidavit and bond. —Continue reading “Rules of Court RULE 60 Replevin”

Rules of Court RULE 59 Receivership

RULE 59 Receivership Section 1. Appointment of receiver. — Upon a verified application, one or more receivers of the property subject of the action or proceeding may be appointed by the court where the action is pending or by the Court of Appeals or by the Supreme Court, or a member thereof, in the followingContinue reading “Rules of Court RULE 59 Receivership”

Rules of Court RULE 62 Interpleader

RULE 62 Interpleader Section 1. When interpleader proper. — Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action againstContinue reading “Rules of Court RULE 62 Interpleader”

Civil Procedure: Appeal

Appeal Basic Principle Appeal is a Civil law procedure whose office is to remove the entire cause and subjects the transcript to a scrutiny of fact and law and is substance a new trial. The right to appeal is not a Constitutional, natural or inherent right. It is a statutory right privilege and of statutoryContinue reading “Civil Procedure: Appeal”

Civil Procedure: Relief from Judgments Orders or Other Proceedings

Relief from Judgments Orders or Other Proceedings (Rule 38) Basic Concept Petition for Relief – It is a legal remedy whereby a party seeks to set aside a judgment rendered against him by a court whenever he was unjustly deprived of hearing or was prevented from taking an appeal because of fraud, accident, mistake orContinue reading “Civil Procedure: Relief from Judgments Orders or Other Proceedings”

Civil Procedure: New Trial and Reconsideration

Civil Procedure: New Trial and Reconsideration (Rule 37) When to avail? Within the period for appeal, reckoned from the notice of the judgment or final order, the said final order is not yet executory except those judgments which, under the rules, are immediately executory. Thus, the above remedies against judgment would necessarily refer to thoseContinue reading “Civil Procedure: New Trial and Reconsideration”

Civil Procedure: Judgments, Final Orders and Entry Thereof

Judgments, Final Orders and Entry Thereof (Rule 36) Judgment and Final Order Defined Judgment A judgment is the final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it in an action or proceedings. A judgment is the court’s official and final consideration and determination of the respective rightsContinue reading “Civil Procedure: Judgments, Final Orders and Entry Thereof”

Civil Procedure: Summary Judgments

Summary Judgments (Rule 35) Genuine Issue A Genuine Issue” is an issue of fact which requires the presentation of the evidence as distinguished from a sham, fictitious, contrived or false claim. When the facts, as pleaded, appear uncontested or undisputed, then there is no real or genuine issue or question as to the facts, andContinue reading “Civil Procedure: Summary Judgments”