Civil Procedure | Prof.

Chrysilla Carissa Bautista

A.Y. 2010-2011

Provisional Remedies
Aspect Criminal Case Manner of Application Preliminary Attachment Rule 127 Sec. 1 Affidavit Preliminary Injunction 72 Hours 20 days WPI X Verified Application General Requirement: Rule 58 Sec. 3 Rule 58 Sec. Rule 58 Sec Rule 58 Sec. 5 2nd 5 1st 3 paragraph paragraph Discretionary With or Without or X With or Without or X With Hearing * Without Hearing * With Hearing X Replevin Affidavit Receivership X Verified Application Support Rule 61 Sec. 6 Verified Application

Grounds

Rule 57 Sec. 1 Amount collected or value of property X

Rule 60 Sec. 2 Twice the value of the property With Hearing

Rule 59 Sec. 1

Rule 61 Sec. 1

Bond Hearing Ex Parte Stand Alone Relief Prior or Simultaneous Service of Summons Territorial Jurisdiction (Whether Significant) Counterbond

With Hearing X X

X With Hearing X

X*

N/A

N/A

* even if service of summons is invalid, it cannot affect provisional remedy

Civil Procedure | Prof. Chrysilla Carissa Bautista

A.Y. 2010-2011

Modes of Discovery Aspect Available on Appeal Who may be subject How availed of Depositions

Written Interrogatories X

Request for Admission X

Rule 27 X

Rule 28 X

Party/Non-party

Party Written Interrogatory 10 days after service Rule 25, Section 3

Party Requirement for Admissions Within the period designated in the request, not less than 15 days

Party/Non-party

Party

Notice/Motion

Motion

Motion

Period to Object

No Specific Period

No period, file with opposition

No Period

Civil Procedure | Prof. Chrysilla Carissa Bautista

A.Y. 2010-2011

Rule 40-45
ASPECT Scope Rule 40 MTCRTC Rule 41 RTCCA (Original Jurisdiction) Notice of Appeal 15 days Rule 42 RTCCA (Appellate Jurisdiction) Petition for Review 15 days Yes (for another 15 days; and another 15 days for compelling reasons) Fact and Law Rule 43 Quasi-judicial AgencyCA Petition for Review 15 days Yes (for another 15 days; and another 15 days for compelling reasons) Fact and Law Rule 45 CASC RTCSC Petition for Review 15 days

Mode Period

Notice of Appeal 15 days

W/N Extendible Issues / Questions of Fact or Law

No

No

Yes (for 30 days)

Fact and Law Aboy, appellant vs Karen, - appellee

Fact and Law Aboy, appellant vs Karen, - appellee Aboy appellee vs Karen, - appellant Trial Court No

Law

Title and Designation

Aboy appellee vs Karen, - appellant Trial Court No

Aboy, Petitioner vs Karen, Respondent

Aboy, Petitioner vs Karen, Respondent

Aboy, Petitioner vs Karen, Respondent

Where to File Verification/Certification Needed

Appellate Court Yes

Appellate Court Yes

Supreme Court Yes

Civil Procedure | Prof. Chrysilla Carissa Bautista

MTD M Bill of Particulars M Summary Judgment COMPLAINT SERVICE OF SUMMONS Provisional Remedies Amendment - You can present evidence. Notice of Dismissal Writ of Preliminary Attachment M in Default Replevin 72 hour TRO Rule 23 with Leave 20 day TRO ANSWER Amendment

A.Y. 2010-2011

Reply M Summary Judgment M Judgment on the Pleadings Amendment Ex Parte M to Set Case for Pre-Trial

PT Brief MTD for failure to prosecute PRE-TRIAL PT Brief M in Default Pre-Trial Order M to Correct TRIAL

Demurrer JUDGMENT APPEAL evidence evidence rebuttal rebuttal M Trial by Commissioner* M to Postpone Memorandum*

Rule 23 without leave; Rule 25 without leave Rule 26 Request for Admissions Rule 27 Production et al Rule 28 Physical and Mental Examination

Rule 24 Section 7 with Leave - residual jurisdiction

* can be filed by both parties