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  • Remedial Law 3 PDF

    Transféré par

    Anthony Reandelar
    13 vues70 pages

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    remedial law 3.pdf

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    13 vues70 pages

    Remedial Law 3 PDF

    Transféré par

    Anthony Reandelar

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 70
    le) ee ‘3. Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt; 4. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice; 5. Assuming to be an attorney or an officer of 2 court, and acting as such without authority; 6. Failure to obey subpoena duly served; 7. The rescue, or attempted rescue, of @ person oF property in the custody of an officer by virtue of an order or process of a court held by bir, Section 4, How proceedings commenced 1. An order or formal charge by the court requiring the respondent to show cause why he should ‘not be punished for contempt; or 2. A verified petition charging, indirect contempt ‘Contempt consists in: | May also be ordered to 1. Wolation of awrit of | make complete restitution injunction; to the party injured by such 2 TRO; violation of the property involved or such amount as ‘may be alleged and proved 3. Status quo order ‘The writ of execution, as in ordinary civil actions, shall issue for the enforcement of a judgment imposing 2 fine unless the court otherwise provides. Section 8. Imprisonment until order obeyed Section 9. Proceedings when porty released on bail fails to answer When a respondent released on bal fails to appear on the day fixed for the hearing, the court may sue another with supporting particulars and cert of arest or may order the bond for his appearance copies ofthe necessary documents anéffiapers. Seated ard confetti, te Boek Section 5. Where charge to be fled Where the" charge for indirect Contempt has. 2 commie sai » Renal Til Cou. o°§ St etuvalent or higher rank, o gait a ic: vic the charge may be ld with ul ei ek ‘Where such contempt has been cirwmiél against @ £ ¥' fower court, the charge may be filed with the ‘Trial Court of the place in which the lower court iss but the proceedings may also be instituted in such Vower- court subject to appeal to the Regional TrialCourt of such {? place in the same manner as provided in Rule. Section 6. Hearing, release on bait Section 7. Punishment for indirect contempt -njured. if there és no aggrieved party, the bond shall be esp indirect contempt Fine not exceeding thirty committed against R1Cora | thousand pesos or court of equivalent or imprisonment not higher rank ‘exceeding six (6) months, or both [Cbrlcnipt committed — | Fine not emceading five against a tower court ‘thousand pesos or i ‘imprisonment not ‘exceeding one (2) month, © acboth: w be practeded against the measure of damages shal be {xen the sorry sitaned bythe aereved of the miscondet for which he contempt apes with the cots ofthe proceing, chal he forthe Benet ofthe pory fable and disposed of asin criminal cases. Section 10. Court may release respondent SELL OBB "10 SStion Review of inl Judgment or final order; judgment against the person adjudged to be in Contempt fs immediately executory and can be stopped ‘only by fling a bond. Section 12. Contempt against quasi-judicial entities evar Aity. Arroyo Aty. Salvador ty Viniuan Judge Boilaci; Heads: Caisse Faylona, Maria Kristina San Understudy: Rexamne Tadique, Alexis Gmagala; Volunteers: Grace Escosia, na Blanka Si, Nash Marchomsalc Suarez 229 CENTRAL BAR OPERATIONS 2010 pas ees NOTE: (5) and (6) are repealed by @ special law. The Philippines now follow the rules in Inter-Country Adoption. ‘SPECIAL PROCEEDING (10) is repealed by Sec. 119 of the Corporation Code. (11) This is a remedy by which 2 paty seeks to extabish aay voptated by the laws here Ko mone eamckon status, aight oa particular fact. Rue, Sc. 3) between legate children, (12) was superseded by Art 1 of the Family Code. To protect or enforce a To establish a status, right, | OTHERSPECIAL PROCEEDINGS Night, oF to prevent or | oraporteular fact 1. Uuidation proceedings redress wrong aa 2. Imra-corpocate controversies Governed by ord ves 3. Corporate rebabttaton ‘ipplemented by, pecial| supplemented by ofdinary ] 4. ‘Recogniton and. enforcement of arbitration inated by Compan 5. Vocation, setting aside, corection or modiition of Based ona cause of actin anarbiral award ; 6. Ay aplication with a cour for arbitration assistance rae ard supervision Definite Parties 1 Writ of Amparo mea TE Heard. by courts of general Séétion 2:Applicability of rules of civil actions hurtin es aerial [A the shuence of special provisions, the rules provided fr eva terest GE" it ordinary agjions shall be, as far as practicable, ‘Biids other parties applicable in spetial proceedings. Statute... oF Limitations i applies + in the determination of the nature of an action or 5-day appeal paved proceeding, the averments and the character of the Single appeal hig sought in the complaint/petton shall be RULE 72 SUBJECT MATTER AND APPLICABILITY OF (OF SETTLEMENT OF ESTATE OF DECEASED (GENERAL RULES ae I: 1, Bitrajutical Settlement of Estate (Rule 74, Sec. 2) ‘Section 1. Subject matter of special proceedings iL Extract partion 1 Setfadjudication 1. Settlement of estate of deceased persons 2. Summary Settlement of Estate of Small Vale (rule 2. escheat 74, Sec.2) 3. Guardianship and custody of children 3. _udicial Settlement of Estate 4. Trustees 1 Partition (Rue 69) 5. Adoption |L_ Probate of Wil (Rule 75 to 79) 6. _Rescission and revocation of adoption 4. Petition for Letters of Administration in case of 7. Hospitalization of insane patient Intestay (Rule 79) 8, Habeas corpus 9. Change of name 10. Voluntary dissolution of corporations 11. Judical approval of voluntary recognition of minor natural childeen; 12. Constitution of family hone 13, Declaration of absence and death 14. Cancellation of correction of entries in civil registry 1 nce ty Gussie Ay Arye Atty. Salvador Ay, Wiuar Underside Roxanne Tdique AlenisCimagal; Volurtears: Grace Escola, a Banka Siva, Nash Marchomsaic KSuaret = iuan Judge Bonifecio; Heads: Garissa Faylona, Maria Kristina Santos; 130 CENTRAL BAR OPERATIONS 2010 ‘+ Place where person alleged to be insane is RULE 73, rman VENUE AND PROCESS acieeeea LSC (orignal, concurrent with RTC) JURISDICTION AND VENUE ii CA original, concurrent with RTC) 1 ta of dace s i, RIC (within ts respective region) See ae cele ee IN. MTC (inabsence of RC judges in province/city) 300,000/200,000 (Manila) 9. Change of name ii, MTC Gross value ofthe estate does not exceed i. Judicial (Rules of Court): RTC in place where 'P300,000/P400,000 (Manila) petitioner resides: ‘+ If resident ~ place where deceased resided Fi. Administrative (RA 9048): attime of death Gall registar where entry & located or if ‘+f non-resident ~ place where deceased had applicant migrated: civil regstar in place estate where he resides * NOTE: MTC jurisdiction is exclusive of © — Consul General: if applicant resides abroad Interest, damages of whatever kind, 10. Yoluntary dissolution of corporations: SEC attomey’s fees, litigation expenses and 31. Constitution of family home: under the Family Code, costs. 2. Escheat ie Ordinary escheat proceedings: RTC gts | oi resident ~ pce where eased lst j teslded Constitution / Laws: RTC where land ies orin [eon Wi, Uncamed_deposts he st I8E of. province where bank s le Erect ae ne a Hoonesidentplace here he had estate _ 4, ‘tis deemed constituted on a house and lot from the time itis occupied as a family residence ration of abser RTC Se Place where absentee resided before his sp: apiearance Cantiation of correction of entries in cil registry i uel (Rules of Court): RTC ‘= Place where the chil registry is located ji. Administrative (RA 1948): + Gl registar where entry is located or if applicant migrated: civil registar in place ‘+ all banks located in i pebince where courte «0 ‘Where he resides is located may be made parties defendant. ©" © Consul General: if epplicant resides abroad int action Ce ee f 3. Grcular No. 21-99 (15 April 1999), the new ‘amounts 0s adjudged under RA 7691 will be place where minor/incompetent has property 4. Trustees RTC ~ Gross value of the’ estate exceeds #300,000/°400,000 4. MTC ~ Gross value of the estate does exceed '300,000/"400,000 + Iwill alowed ia the Philippines — court where will was allowed ‘+ If will allowed outside the Philippines ~ court in place where property is situated 5. Adoption: RTC ‘* tf domestic adoption ~ place where adapter resides ‘+f inter-country adoption — court who has jurisdiction over the adoptee 6. Rescission and revocation of adoption: RTC ‘¢ Place where adoptee resides ‘Outside |

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