CIVIL PROCEDURE OUTLINE FOR MIDTERMS| ARELLANO UNIVERSITY SCHOOL OF LAW

CIVIL PROCEDURE OUTLINE FOR MIDTERMS| ARELLANO UNIVERSITY SCHOOL OF LAW

I. PRELIMINARY CONSIDERATIONS

1.) Jurisdiction Defined

2.) Elements of Jurisdiction in civil casesa. Jurisdiction over the subject matteri. Meaningii. How it is acquired?iii. When to attack jurisdiction over the subject matter (GR; EX)iv. How it is determined?b. Jurisdiction over the personi. How it is acquired?1. Plaintiff2. Defendanta. Correlate Rule 14 Section 20 Voluntary Appearancec. Jurisdiction over the Resi. Rationaled. Jurisdiction over the Issues

3.) Jurisdiction of Courts BP 129a.) Supreme Courti. Original Exclusive Jurisdictionii. Original Concurrent Jurisdiction With the Court of Appeals With the Court of Appeals and Regional Trial Court With the Regional Trial Courtiii. Appelate Jurisdictionb.) Court of Appealsi. Original Exclusive Jurisdictionii. Original Concurrent Jurisdiction with the supreme court with the supreme court and RTCiii Appellate Jurisdictionc.) Regional Trial Court I Original Exclusive Jurisdiction ii. Original Concurrent Jurisdiction with the supreme court with the supreme court and court of appeals iii. Appellate Jurisdictiond.) Metropolitan, Municipal and Municipal Circuit Trial Courts I Original- Exclusive Jurisdiction ii. Original Delegated iii. Original special iv Original Summary Procedure4.) Remedial Law vs. Substantive Law

5.) Three Important stages in a civil action First Stage Issue Formulation stage Second stage Stage of Proof (Rule 30 Trial) Third Stage Judgment Stage (Rule 36)

II. RULE 1 GENERAL PROVISIONS

1.) Section 1 Title of the Rules

2.) Section 2 In what courts applicable

3.) Section 3 Cases Governeda.) Classifications of civil actionsi. As to the Nature Ordinary Civil Actions Special Civil Actionsii. As to cause or foundation Real actions Personal actions Mixed Actionsiii. As to the place of filing Local Actions Transitory Actionsiv. As to object Action in personam Action in rem Action in quasi in rem

6.) Section 4 In what cases not applicable

7.) Section 5 Commencement of Actiona.) Docket Feeb.) Rationale of Section 5 Prescriptionc.) Correlate Rule 8 Section 3 Conditions Precedent

8.) Section 6 Constructiona.) Exceptions

III. RULE 2 CAUSE OF ACTION

1.) Section 1 Ordinary Civil actionsa.) Correlate Rule 16 paragraph (g)

2.) Section 2 Cause of Action Defineda.) Elements of Cause of Actionb.) Cause of Action vs. Right of Actionc.) Elements of Right of Actiond.) Relief vs. remedy vs. subject matter

3.) Section 3 One suit for a single cause of action

4.) Section 4 Splitting a single cause of action ; effect of

a.) Correlate Rule 16 Section 1 paragraph (e) and (f)b.) Rule on contracts (gr/ ex)c.) Doctrine of anticipatory breach

5.) Section 5 Joinder of Causes of Actiona.) Section 5 is permissiveb.) Correlate Rule 3 section 6 permissive joinder of partiesc.) Splitting cause of action vs. joinder of causes of action

6.) Section 6 Misjoinder causes of actiona.) Correlate Rule 3 section 11 misjoinder and non- joinder of parties

IV. RULE 3 PARTIES TO CIVIL ACTIONS

1.) Classes of Parties

2.) Section 1 Who may be parties ; plaintiff and defendant

3.) Section 2 parties in interesta.) Indispensable parties vs. necessary partiesb.) Classification of parties in interest

4.) Section 3 Representatives as parties

5.) Section 4 Spouses as partiesa.) Exception: Art 111 and 145 FC

6.) Section 5 Minor and Incompetent persons

7.) Section 6 Permissive joinder of parties

8.) Section 7 Compulsory joinder of indispensable parties

9.) Section 8 Necessary Partya.) Joint debtors

Section 9 Non joinder of necessary Parties to be pleaded

Section 10 Unwilling Co plaintiff

Section 11 Misjoinder and non joinder of partiesa.) Objections to defects in parties

Section 12 Class suita.) Doctrine of Virtual Representationb.) Right to intervenec.) Class suit vs. permissive joinder of parties

Section 13 Alternative defendants

Section 14 Unknown identity or name of defendanta.) Rule 14 sec 14

Section 15 Entity without juridical personality as defendanta.) Correlate Rule 14 Section 8 Service Rule 36 Section 6 Judgment

Section 16 Death of party ; Duty of Counsela.) This provision applies where the claim is NOT thereby extinguished as in cases involving property rights such as?b.) Documents to bring by the counselc.) The priority of substitution (gr ; ex)

Section 17 Death or Seperation of a party who is public officer

Section 18 Incompetency of Incapacity

Section 19 transfer of interesta.) General rule/ Exception

Section 20 Action on Contractual Money Claims

Section 21 Indigent Party

Section 22 Notice to the Solicitor General

V. RULE 4 VENUE OF ACTIONS

1.) Distinguish Jurisdiction from Venue

2.) Section 1 Venue of real actionsa.) Local Actions

3.) Section 2 Venue of Personal actionsa.) Transitory Actionsb.) Jurisdiction over the resc.) Means of waiving venue

4.) Section 3 Venue of actions against non residentsa.) Correlate Rule 14 Section 15 Extraterritorial Service

5.) Section 4 When rule not applicablea.) In the absence of qualifying or restrictive words ; effectb.) Examples of qualifying or restrictive words

6.) Exception to the rule that the court may motu proprio dismiss s complaint on the ground of improper venue

VI. RULES ON SUMMARY PROCEDURE IN CIVIL CASES

VII. RULE 6 KINDS OF PLEADINGS

1.) Section 1 Pleadings defineda.) Pleading vs. motion

2.) Section 3 Complainta.) Initiatory pleadingb.) Ultimate factsc.) Test of sufficiency of the facts alleged in the complaintd.) What are not ultimate facts

3.) Section 4 Answera.) Responsive pleading

4.) Section 5 Defensesa.) Correlate Rule 8 Section 10 Specific Denialb.) Specific Denial that must be coupled with an oathc.) Matters not deemed admitted by the failure to make a specific deniald.) Correlate Rule 8 Section 11 General Deniale.) Rule 34 Judgment on pleadingsf.) Negative Pregnant

5.) Section 6 Counterclaim

6.) Section 7 Compulsory Counterclaim a.) Elements of Counterclaimb.) What happens when one of the requisites are missingc.) If a counterclaim if filed in mtc in excess of its jurisdictional amount; remedyd.) Correlate Rule 11 Section 8 Existing counterclaim or cross claim e.) General Rule: Rule 9 Section 2 Exception: Rule 11 Section 9f.) Compulsory Counterclaim vs. Permissive Counterclaimg.) Counterclaim vs. Cross Claim

7.) Cross claim vs. counterclaim vs. third party complaint

8.) Section 10 Replya.) Effect of failure to reply (gr/ ex)

VIII. RULE 7 PARTS OF PLEADING

1.) Section 3 Signature and addressesa.) Implied Certification in a pleading

2.) Section 4 Verificationa.) What happens if a pleading is not verified when the law requires itb.) Pleadings that requires verification

3.) Section 5 Certification against Forum Shoppinga.) Test to determine the presence of forum shoppingb.) Where it is required?

IX. RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS

1.) Section 1 In Generala.) Ultimate Facts Definedb.) Evidentiary Facts Definedc.) Other Matters that should not be stated in the pleading

2.) Section 3 Conditions Precedenta.) Correlate Rule 16 Section 1 paragraph (j)b.) It is not a jurisdictional requirement but it is still a ground for dismissal

3.) Section 7 Action or defense based on document

4.) Section 8 How to contest such documentsa.) Genuineness definedb.) Due execution definedc.) Effect of failure to specifically deny under oathd.) Defenses that are considered waivede.) Rebuttal or waiver to the implied admission

5.) Section 10 Specific Denial

6.) Section 11 Allegations not specifically denied deemed admitted

7.) Summary: Averment or allegations in pleadings that may be done generally

8.) Summary: Averments that must be done with Particularity

X. RULE 9 EFFECT OF FAILURE TO PLEAD

1.) Section 1 Defenses and Objections not pleaded

2.) Section 2 Compulsory Counterclaim or cross claim not set up barred

3.) Section 3 Default; Declaration ofa.) Elements of a valid declaration of defaultb.) The word defending party in Section 3c.) The defendant declared in default as a witnessd.) Correlate Rule 11 Section 11 Extension of time to pleade.) May a defendant be declared in default while a motion to dismiss or a motion for bill of particulars remains pending and undisposed of? f.) Remedies of a defending party declared in defaultg.) What is the difference between ex parte presentation of evidence by virtue of default judgment and ex parte presentation of evidence by failure to appear during trialh.) Order of default vs. judgment by default

XI. RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS

1.) Section 1 Amendments in General

2.) Section 2 Amendments as a matter of right

3.) Section 3 Amendments by leave of court

4.) Section 4 Formal Amendments

5.) Section 5 Amendment to conform to or authorize presentation of evidence

6.) Section 6 Supplemental pleadings

7.) Section 7 Filing of Amended pleadingsa.) Distinguish Amended pleading from a Supplemental Pleading As to the Allegations As to effect As to nature Period of filing

XII. RULE 11 WHEN TO FILE RESPONSIVE PLEADING

PLEADINGPERIOD

Answer to amended complaint as a matter of judicial discretion10 days

Answer to counterclaim or cross claim10 days

Answer to Supplemental Complaint10 days

Reply10 days

Answer15 days

Answer of FPJE with designated php representative15 days

Answer to amended complaint as a matter of right15 days

Answer to third (fourth etc) party complaint15 days

Answer of FPJE without php representative30 days

XIII. BILL OF PARTICULARS

1.) Section 1 When applied for ; purpose

2.) Section 4 effects of non compliancea.) Correlate: Rule 9 section 3 Rule 17 section 3, 4

XIV. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

1.) Distinction between filing and Service

2.) Filing: Manner Section 3 Completeness Proof Section 12

3.) Service: Mode Section 5 Completeness Section 10 Proof Section 13

4.) Section 11 Priorities in mode of service and Filing

XV. RULE 14 SUMMONS

1.) Summons Defined

2.) Purpose of summons

3.) Effects of non-service

4.) Section 3 By whom servedNote: Enumeration is exclusive

5.) Modes of service of Summons: Service in person - Section 6 Substituted Service - Section 7 Publication - Section 14, 15 , 16I. Note: in action in personam where the defendant cannot be served with summons personal or by substituted service, the case must fist be converted into an in rem or quasi in rem by attaching the property of defendant found in the php before summons can be served by publication. If no property can be found, the action shall be archived but shall not be dismissed.

6.) Section 5 Alias Summons

7.) On whom Serveda.) Corporations Section 11 , 12, 13b.) Natural Persons Section 9 Prisoners Section 10 Minors / incompetent Section 14 Unknown Section 8 Entities without juridical personality

8.) Section 18 Proof of Service

9.) Section 20 Voluntary Appearance

XVI. RULE 15 MOTIONS

1.) Section 1 Motion Defineda.) Kinds of motionsb.) Praying by way of motion

2.) Section 2 Motions must be in writing

3.) Section 4 Hearing of a motion

a.) Example of Litigated and Ex parte Motion

4.) Section 8 Omnibus Motion

XVII. RULE 16 MOTION TO DISMISS

1.) A motion to dismiss is not a responsive pleading

2.) Exception to the rule that the court may not motu proprio dismiss a case

3.) Types of dismissal of action

4.) Motion to dismiss vs. demurrer of evidence

5.) Section 1 Groundsa.) Remedy if a motion to dismiss is denied on the ground that the venue is improperly laidb.) 2 possible meanings of plaintiff lacks of legal capacity to suec.) Distinguish lacks of legal capacity to sue and lacks of legal personality to sued.) Lack of cause of action vs. failure to state cause of actione.) Ground of litis pendentia ; Correlate Rule 2 Section 4 splitting cause of action

6.) Section 5 Effect of dismissala.) Remedies Dismissal with prejudice Dismissal without prejudice denied

7.) Section 6 Pleading grounds as affirmative defense

XVIII. RULE 17 DISMISSAL OF ACTIONS

1.) Dismissal upon notice by plaintiffa.) Dismissal as a matter of rightb.) Two- dismissal rulec.) After being dismissed. how do you file another complaint?

2.) Dismissal upon motion of plaintiff

3.) Dismissal due to fault of plaintiffa.) When may the court dismiss the complaint motu proprio?

XIX. RULE 18 PRE- TRIAL

1.) Section 1 When conducted

2.) Section 2 Nature and purpose

a.) Correlate Rule 32 Trial by Commissioner Rule 34 Judgment on pleadings Rule 35 Summary judgment Rule 30 section 8 Suspension of actions3.) Section 4 Appearance of parties

4.) Section 5 effect of failure to appear

5.) Section 6 Pre-trial Brief

XX. RULE 19 INTERVENTION

1.) Section 1 Who may intervenea.) Intervention vs. Third party complaintb.) The word Interest referred by law

2.) Intervention vs. interpleader

3.) Remedy of intervenor when a motion to intervene is barred after rendition of judgment

4.) Remedies of denial of intervention

XXI. RULE 21 SUBPOENA

1.) Subpoena vs. Summons

2.) Section 1 Subpoena and Subpoena duces tecum

3.) Section 4 Quashing a subpoena

4.) Section 7 Personal appearance in court

5.) Section 8 Compelling attendance

6.) Section 9 Contempt

7.) Section 10 Exceptions

XXII. MODES OF DISCOVERY

1.) Purpose of the modes of discovery

2.) Bill of particulars vs. Modes of Discovery

3.) Denial of bill of particulars does not bar the use of the modes of discovery

4.) AM no. 03-1-09 of the supreme court effective august 16, 2004 guidelines to be observed by trial court judges and clerk of court in the conduct of pre-trial and use of deposition- discovery measures

5.) The various methods of discovery are clearly intended to be cumulative. That fact that a party has resorted to a particular method of discovery will not bar subsequent use of other discovery devices, as long as the party is not attempting to circumvent a ruling of the court, or to harass or oppress the other party.

XXIII. RULE 23 DEPOSITIONS PENDING ACTIONS

1.) Deposition as a pre-trial discovery device

2.) The right of a party to take depositions as a means of discovery is not absolute

3.) When may deposition be taken

4.) Kinds of depositions

5.) What to file?a.) Section 1 Depositions pending action. When may be takenb.) Correlate Rule 21 Section 5 Proof of service to take deposition

6.) Section 2 Scope of Examination

7.) Deposition vs. Affidavit

8.) Section 4 Use of Deposition

9.) Section 5 effect of substitution of parties

Section 6 when are objections to admissibility of deposition made?

What is the effect of taking depositions? Section 7,8,9

Before whom depositions may be taken? Section 10, 11

Commission vs. Letters rogatory

Who are disqualified to take depositions? Section 13

Grounds for not taking a deposition Sec 1, 16, 18

Protection orders of parties and deponents (sec 16 and 28)

Motion to terminate or limit examination Section 18

Procedure for taking oral depositions Section 17, 19,20, 21,22

What happens if a party giving the notice of the taking of the deposition fails to attend and proceed with the taking of deposition? Section 23

How about if the party fails to serve subpoena upon the witness? Section 24

Procedure for Deposition upon written interrogatories section 24,26,27

What are the effects of errors and irregularities in the depositions section 29

Rules on objections

XXIV. RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

1.) Who can apply? Section 1 7

2.) What to file? Section 1,2 - 7

3.) Where to apply?

4.) When to file?

5.) Court order and examination

XXV. RULE 25 INTERROGATORIES TO PARTIES

1.) Who can apply?

2.) Do you need leave of court for written interrogatories?

3.) Interrogatories vs. Bill of particulars

4.) What is the form of an answer to interrogatories?

5.) When do you make objections to interrogatories?

6.) How many interrogatories can you file?

7.) What is the effect of failure to serve written interrogatories? (gr/ ex)

8.) What is the effect to failure to answer interrogatories?

9.) Distinguish Depositions under written interrogatories of rule 23 and Interrogatories to parties of rule 25 As to the nature Deponents Coverage Uses Period to answer Intervention by court

XXVI. RULE 26 ADMISSION BY ADVERSE PARTY

1.) Purpose of written request for admission

2.) What request may include

3.) Distinguish from rule on actionable documents

4.) Written Interrogatories vs. Request for admission

5.) Effect of failure to make a reply to a request for admission

6.) Remedy of the party

7.) Use of the admission

8.) If an adverse party denies a fact within his personal knowledge; effect

XXVII. RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

1.) Rule only applies to?

2.) Limitations of the order

3.) Distinguished from subpoena duces tecum

XXVIII. RULE 28 PHYSICAL AND MENTAL EXAMINATION

1.) Applies to whom?

2.) Section 1 when examination may be ordered

3.) The order of examination may be made only upon?

4.) Section 4 Waiver of privilege

XXIX. RULE 29 REFUSAL TO COMPLY WITH MODES OF DISCOVERY

1.) Remedies

2.) Where to file for the order to compel Rule 23 Depositions pending actions Rule 25 Interrogatories to parties

3.) Contempt of court

4.) Other consequences for failure to APS Section 3

Note: these refer to the refusal to obey an order under rule 27 and 28. If he is the plaintiff, his complaint will be stricken out ; or if he is a defendant, the judgment or default can be rendered against him although the judgment can only be done if he failed to file an answer

5.) While it is true that there are sanctions allowed by law in cases of refusal to comply with the modes of discovery, the same is discretionary.

6.) What are the instances when a defendant shall be considered in default even if such defendant has already filed an answer? Rule 18, Rule 29 sec 5

XXX. RULE 30 TRIAL

1.) General rule and exception on conducting trial in civil cases

2.) Section 3 Requisites of motion to postpone trial for absence of evidence

a.) Meaning of if the adverse party admits the facts to be given in evidence, even if he objects or reserves the right to their admissibility, the trial shall not be postponed.

3.) Section 4- Requisites of motion to postpone trial for illness of party or counsela.) Requirement of Sworn medical certificate

4.) Section 5 Order of triala.) Reverse order of trialb.) When reverse order of trial properc.) Basic Pattern (no cross claim, counterclaim, third party complaint) Plaintiff Evidence in chief / Main evidence Defendant Evidence in chief / Maim evidence to prove his negative or affirmative defense Plaintiff Rebuttal evidence Defendant Sur- Rebuttal Evidence Arguments the filing of memorandumd.) Instances when the court may allow the party to present additional evidence in chief during rebuttal to prove his cause of action: When it is newly discovered When the evidence was omitted through inadvertence or mistake When the purpose is to correct evidence previously offered When the additional evidence offered is material and not merely cumulative or impeachinge.) Memorandum is practically a thesis where you will summarize your position and you argue why you should win. That is where you cite evidence. You convince the court that you have proven your cause of action or defense. Then you cite the testimonies, the exhibits, the transcripts and of course the argument.

5.) Section 6 Stipulation of factsa.) Partial Stipulation of factsb.) Limitations c.) Judgment on agreed Statement of Facts / Judgment based on stipulation of factsd.) Correlate: Rule 18 Section 2 (d)

6.) Section 7 Record of Pre trialNote: the pre trial order has the effect of superseding the complaint and the answer. Whatever issues are stated in the pre-trial order shall be the issues to be tried during the hearing on the case

7.) Section 8 Suspension of actionsa.) Correlate: Rule 18 sec 2 (h)

XXXI. RULE 33 DEMURRER TO EVIDENCE

1.) Section 1 demurrer to evidencea.) Leave of court is not necessaryb.) It is appealable

2.) Distinguished from motion to dismiss3.) Distinguished from demurrer of evidence in criminal cases When the demurrer is denied When the demurrer is granted Who will file When to file

4.) Remedy when the ground is no cause of actiona.) Difference of this ground from motion to dismiss

XXXII. RULE 34 JUDGMENT ON THE PLEADINGS

1.) Section 1 Judgment on the pleadingsa.) Correlate Rule 18 section par (g)

2.) Groundsa.) When an answer does fails to tender an issue? When it neither admits nor denies the allegations When all the denials in the answer are general denials and not specific

3.) Exceptions to the rule on judgment on pleadings in an action for declaration of nullity or annulment of marriage in an actions for legal separation when the issues is unliquidated damages (rule 8 sec 11) when only conclusions of law are being alleged

4.) Who may file?

5.) Plaintiff waives his claim for unliquidated damages

6.) Judgment on the pleadings vs. judgment by default

7.) Motion to dismiss vs. motion for judgment on the pleading

XXXIII. RULE 35 SUMMARY JUDGEMENT

1.) Summary judgment for claimant

2.) Summary judgment for defending party

3.) Summary judgment will become a battle of affidavits vs. affidavits under oaths

4.) It is known as Accelerated Judgment the process will accelerate, you can easily go to trial, instead of going to trial, there is no more trial.

5.) This is applicable to all kinds of civil actions6.) Section 4 Motion for Partial Judgment

7.) Section 6 affidavits of bad faith

8.) Bases of summary judgment

9.) Summary judgment vs. judgment on the pleadings vs. judgment by default

XXXIV. RULE 36 JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

1.) Section 1 - Requisites of a valid judgment

2.) Parts of a judgment

3.) Distinguish a judgment from a decisiona.) In case of conflict, which shall prevail?

4.) Types of judgments Sin Perjuicio - Void Conditional - Void Incomplete - Void Nunc Pro trunc Judgment on a compromise / upon an amicable settlementi. What is the effect if it is entered into by a lawyer, without any special authority from his client? Unenforceableii. Effects of Judgment upon a compromise agreement: Not appealable It cannot be annulled by vitiation It constitutes res judicata Judgment upon a confession (GR/ EX)i. Distinguish from judgment upon a compromise

5.) Judgment upon the merits

6.) Promulgation

7.) Memorandum decision

8.) Judicial compromise

9.) Rule of immutability of judgment (gr and ex)

Judgment non pro tunc

When is a judgment considered rendered?

Effects of finality of judgment The prevailing party is entitled to have the judgment executed as a matter of right The issuance of the corresponding writ of execution becomes final and executor The court rendering judgment loses jurisdiction Res judicata supervenes

Attack of judgment Direct attack Collateral

Remedies against judgment or final orders Before finality of judgment or final order After finality of judgment or final order

XXXV. RULE 37 NEW TRIAL OR RECONSIDERATION

1.) Motion for new trial vs. motion for reconsideration Grounds Requirements Failure to comply with the requirements Second motion Effect if motion is granted Appealable?

2.) What is the effect of filing a motion for new trial or reconsideration on the period to appeal? (Gr/ ex)

3.) Affidavit of merits is one which recites the nature and character of FAME on which the motion is based and stating the movants good and substantial cause of action or defense and the evidence he intends to present if the motion is granted, which evidence should be such as to warrant reasonable belief that the result of the case would probably be otherwise.

4.) The effect of pro forma

5.) Effect when motion is grantedSection 3 and 6

6.) Section 5 Second motion for new trial

7.) Distinguish a motion for new trial from a motion for reconsideration As to grounds As to effect As to a second motion

XXXVI. RULE 38 RELEIF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS

1.) Grounds for petition for relief

2.) Uniform procedure for relief from judgments of mtc and rtc

3.) Effect If granted

4.) MFR / MNT vs. relief from judgment

5.) Period of filing

6.) 2 hearings after an answer is filed

XXXVII. RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

1.) Define execution2.) Who will enforce the judgment3.) How is execution generally done4.) Meaning of once the judgment becomes final and executor, the trial court loses jurisdiction over the case5.) Classes of execution under the law As to their nature As to how it is enforced6.) When execution is a matter of right7.) Final judgments vs. Final and executor judgments8.) Judgments that are not appealable9.) Ministerial duty of the court (gr/ex)10.) Amendments or modifications (gr/ ex)11.) When issuance of writ of execution is discretionary12.) Several judgments vs. Several/ Partial judgments13.) Discretionary execution vs. Execution as a matter of right14.) Requisites for execution pending appeal15.) Section 3 Stay of discretionary judgmentSection 4 Judgemnts not stayed by an appealA final and executor judgment or order may be executed:Lifespan of writ of executionExecution of a judgment by compromise with a termRevival of a joint and several judgmentWhen 5/10 yr period suspendedWhen 5/ 10 yr not applicableDefenses available in an action for enforcement of a judgmentJurisdiction to change, alter, Modify judgment vs. jurisdiction to enforce judgmentSection 7 Execution in case of death of a partyRemedy for denying writ of executionGrounds for quashing a writ of execution3 ways to enforce a judgment for moneySection 10 Execution of judgments for specific actsProperty exempt from executionSection 47 Effect of judgment or final orders

XXXVIII. RULE 40 APPEAL FROM MTC TO RTC

1.) Section 2 When to appeal2.) Section 3 how to appeal3.) Section 8 appeal from orders dismissing case without trial ; lack of jurisdiction

XXXIX. RULE 41 APPEAL FROM RTC

1.) Section 1 Subject of appeal2.) Section 2 modes of appeal3.) Period4.) Effect of failure to pay docket feeCorrelate: rule 50 section 1 par c5.) Section 7 approval on record on appeal6.) Section 13 dismissal of appeal

XL. PETITION FOR REVIEW FROM RTC TO CA

1.) Section 1 how appeal taken; time for filing2.) Section 2 forms and contents3.) Section 3 effect of failure to comply with requirements4.) Section 6 due course5.) Correlate Rule 44 Section 15

XLI. RULE 45 APPEAL BY CERTIOARI TO THE SC

1.) Section 1 filing of petition with supreme court2.) Section 2 time for filing; extension3.) Section 3 dismissal or denial of petition4.) Section 6 review discretionary

XLII. ANNULMENT OF JUDGMENTS OR FINAL ORDERS1.) Section 1 coverage2.) Section 2 grounds for annulement3.) Section 3 period for filing action4.) Section 4 filing and contents of petitionCorrelate: Rule 37 sec 2 Rule 38 sec 35.) Section 5 action by court6.) Section 7 effect of judgment7.) Section 8 suspension of prescriptive period

XLIII. RULE 50 DISMISSAL OF APPEAL1.) Grounds for dismissal of appeal2.) Section 2 dismissal of improper appeal to the court of appeals3.) Section 3 withdrawal of appeal

XLIV. RULE 65 CERTIORARI, PROHIBITION AND MANDAMUS1.) Section 1- Petition for certiorari2.) Section 2 petition for prohibition3.) Section 3 petition for mandamus4.) Section 7 expediting proceedings ; injunctive relief

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KATE KIMBERLY DELOS SANTOS