Remedial Law Rule 47 etopia pdf
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Rule 47 of the Revised Rules of Procedure Annotated establishes the grounds and process for annulment of judgments and final orders. A judgment can be annulled on the basis of extrinsic fraud or lack of jurisdiction. Extrinsic fraud involves fraudulent acts committed outside of trial that prevented a party from presenting their full case. Lack of jurisdiction refers to the court not having authority over either the subject matter or the defendant. The annulment process provides an equitable remedy when no other legal remedies are available, such as a new trial or appeal. It allows judgments to be voided even after full execution if the court lacked proper authority or a party was prevented from having their day in court through extrinsic fraud.
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The document discusses the structure and powers of the Philippine judiciary. It notes that the judicial power is vested in the Supreme Court and lower courts established by law. The Supreme Court has 15 judges including the Chief Justice. It can hear cases en banc or in divisions of 3, 5, or 7 judges depending on the case. Judges are appointed by the President and hold office until age 70 unless incapacitated. The Supreme Court settles disputes and determines if other branches abused their discretion.
Rahhul gaur1
Civil contempt of court refers to disobeying a court order in a civil proceeding, such as failure to pay court-ordered child support. It is distinct from criminal contempt. Sanctions for civil contempt aim to compel compliance with the court order or resolve the underlying case, and typically end when the party complies or the case concludes. Those held in civil contempt have fewer constitutional rights than in criminal contempt cases and can be jailed indefinitely until complying with the order.
Chapter 5 fincredi
1. The document discusses legal aspects of credit and debt collection, including rationales for pursuing legal collection efforts, general problems affecting such efforts, and an overview of the legal collection process.
2. It outlines steps in the legal collection process like sending demands, gathering documents, filing a complaint, serving summons, and parties' potential replies.
3. Techniques to shorten litigation are examined, including discovery methods, summary judgement, judgement on pleadings, and alternative dispute resolution like mediation.
Appellateprocess05072010
The document provides an overview of the appellate process in the Fourth District Court of Appeal. It describes that the court hears both criminal and civil appeals from lower courts' decisions. It then outlines the basic steps in an appeal, including starting an appeal by filing a notice, preparing the record and transcripts, writing briefs, requesting oral argument, and receiving a decision from the appellate court in the form of an opinion. It also discusses the concepts of preserving errors and determining whether errors were harmful or harmless.
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Philippine Cyber-Libel
The document outlines what constitutes cyber-libel according to Philippine law, noting that it involves making a public and malicious imputation through a computer system that tends to cause dishonor, discredit, or contempt of another person. It discusses the elements needed to establish libel, defines who qualifies as a public figure, and explains that the penalty for cyber-libel is one degree higher than traditional libel under the Revised Penal Code. The document provides information on where to file a complaint for cyber-libel offenses in the Philippines.
Dealing with Negative Online Publicity
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Freedom of Information for Local Government Units
This document discusses Freedom of Information (FOI) and the importance of local governments enacting FOI ordinances. It provides background on FOI in the Philippines and explains that while the national executive order on FOI does not bind local governments, an FOI ordinance is still needed at the local level. The document outlines key features that should be included in an FOI ordinance like centralized receiving of requests, online request portals, timeframes for responses, and standardized exemptions. It provides examples of local governments that have passed FOI ordinances and positive outcomes of implementing FOI like increased transparency, business opportunities, and informed citizens. The document was authored by a lawyer practicing in Occidental Mindoro who teaches about FOI.
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This is the web profile of Villamar Law Office located in V&S Building, Villamar Compound, National Highway, Labangan Poblacion, San Jose, Occidental Mindoro.
Retail Trade Liberalization Act of 2000
The Retail Trade Liberalization Act of 2000 (Republic Act No. 8762) aims to liberalize the Philippine retail sector to promote consumer welfare, attract investment, and make Philippine goods globally competitive. It allows foreign equity participation in retail, with limits depending on the amount of paid-up capital. Foreign retailers must meet qualifications like a certain net worth, number of retail branches, and years of experience. The law also requires retailers to source a percentage of inventory locally after 10 years and assigns enforcement and regulation to the Department of Trade and Industry.
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This document provides guidelines for answering questions on the Bar Examination and law school exams, including guidelines for form and substance. For form, it discusses proper formatting of margins, indentation, punctuation, erasures, spacing, concise writing, and legible handwriting. For substance, it recommends directly answering the question in the first paragraph, citing the legal basis in the second paragraph, applying the law to the facts in the third paragraph, and restating the answer in the conclusion. Answers should be logically coherent and follow correct grammar. Overall, the document aims to help examinees effectively communicate their answers.
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Outlined salient points under syllabus prescribed by the Supeme Court of the Philippines for Negotiable Instruments Law based on Mercantile Law (2015)
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This document provides notes from a lecture on criminal law jurisprudence. It covers topics such as rape, theft, homicide, estafa, arson and other crimes. Key points include how rape is now a crime against persons, the stages of execution for different crimes, and discussions of qualifying circumstances, exceptional circumstances and the doctrine of absorption as they relate to criminal liability under Philippine law.
Special Proceedings under Atty. Tiofilo Villanueva
The Supreme Court ruled on three issues in the case of Secretary Leila De Lima vs. Magtanggol B. Gatdula. First, it ruled that requiring an answer to an amparo petition is inappropriate, as the return serves as the responsive pleading. Second, it ruled that a return must be filed prior to a hearing to allow the issues to be joined properly. Third, it distinguished between the privilege of the writ of amparo and the actual writ order, finding that simply granting the privilege is insufficient and does not provide relief.
Esguerra Lecture on Top 25 Criminal Law Bar Topics (1979-2007)
This document summarizes key issues in criminal law that frequently appear on the Philippine Bar Examinations from 1979 to 2007. It discusses three main topics: 1) proximate cause and the stages of committing a crime, 2) frustrated and attempted felonies, and 3) conspiracy. For proximate cause, it defines the concept and provides examples. For stages of committing a crime, it defines attempted, frustrated, and consummated crimes and their elements. For conspiracy, it discusses the agreement between two or more persons to commit a felony and the participation needed.
Rule 37 38-41
This document summarizes rules regarding motions for new trial or reconsideration, relief from judgments, and appeals from regional trial court decisions in civil procedure. Key points include:
1) Grounds for motions for new trial include newly discovered evidence and grounds for reconsideration include excessive damages or decisions contrary to law. Affidavits of merit are generally required.
2) Petitions for relief from judgments allow aggrieved parties a second chance at a hearing if deprived of one due to fraud or mistake. They must be filed within 6 months and show grounds like fraud or excusable negligence.
3) Appeals can be made through ordinary appeal, petition for review, or appeal by certiorari. The record on appeal must be filed
Remedial Law Rule 3
This document outlines rules regarding parties to civil actions under Philippine law. It defines the types of parties that can be involved in a civil case, including natural persons, juridical persons, entities authorized by law, and real parties in interest. It also discusses requirements for different types of parties such as indispensable parties whose presence is necessary for adjudicating a case, and permissive joinder of parties whose claims arise from the same facts. Exceptions, conditions, and circumstances affecting parties are also outlined.
Remedial Law Rule 14
This document outlines the rules regarding summons in legal proceedings. It defines a summons as a writ notifying a defendant of actions against them, with service of the summons granting the court jurisdiction over the defendant. There are different methods of serving a summons, including personal service, substituted service (leaving copies at a residence or place of business), constructive service (publication), and extraterritorial service for non-resident defendants. The document provides details on requirements for each service method and exceptions to service rules.
Remedial Law Rule 58 estopia notes part1
A preliminary injunction is a provisional remedy issued by a court before final judgment to preserve the status quo and prevent irreparable harm. It requires a party to refrain from or perform a particular act. A preliminary injunction may be issued by a court of appeals to stay execution of a writ pending appeal in an unlawful detainer case. Presidential Decree 1818 prohibits judges from issuing restraining orders against government infrastructure projects, but this is not an absolute prohibition. To issue a preliminary injunction, the court must find that there is an existing right to be protected that is being violated by the act sought to be enjoined, and that allowing that act would likely cause injustice to the applicant or render a judgment ineffectual.
Remedial Law Rule 58 estopia notes part2
This document outlines the guidelines for when injunctions are proper or prohibited according to Philippine law. It provides details on the requisites for granting a writ of preliminary injunction, including that the invasion of rights must be material, the complainant's right must be clear, and an injunction is necessary to prevent serious damage. Exceptions allow for injunctions to maintain orderly law administration, avoid multiple cases, protect constitutional rights, or question the validity of statutes or ordinances.
Remedial Law Rule 9 effect of failure to plead
This document summarizes Rule 9 of the Rules of Court regarding the effect of failure to plead and the process for declaring a party in default. Key points include: defenses not raised are deemed waived; exceptions where the court can dismiss motu proprio; the effect of dismissing a complaint on counterclaims and cross-claims; the difference between permissive and compulsory counterclaims; the process for declaring a party in default and remedies available; and the different types of proceedings and relief after a declaration of default.
Remedial Law Rule 62 interpleader
This document outlines the rule for interpleader, which allows a plaintiff to file a lawsuit when there are two or more conflicting claims to the same subject matter and the plaintiff claims no interest in the subject matter. Interpleader is proper when there are conflicting claims to the same subject matter that a disinterested plaintiff faces, or when some of the plaintiff's interest is undisputed. Interpleader is improper in cases where defendants have conflicting claims against the plaintiff or if one defendant has already secured a final judgment against the plaintiff.
Remedial Law Rule 57 preliminary attachment
Attachment is a legal process that allows a plaintiff's property to be seized before a final judgment to secure potential payment of damages. It serves to acquire jurisdiction over a defendant when service is not possible and to create a lien on a defendant's property until a plaintiff can obtain a judgment. An order of attachment is issued by a court based on an affidavit and bond showing a valid cause of action exists. The property is then seized by a sheriff. A defendant can challenge an attachment by making a deposit or posting a bond. Certain properties are exempt from attachment.
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在线办理(SU毕业证书)美国雪城大学毕业证成绩单一模一样
学校原件一模一样【微信：741003700 】《(SU毕业证书)美国雪城大学毕业证成绩单》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
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本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
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二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
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◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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- 1. Notes on Civil Procedure by Lawrence Villamar Source: “Revised Rules of Procedure Annotated” (Estopia, 2013) Rule 47 Annulment of Judgment of Final Order and Reolutions • Period to file is 4 years if based on extrinsic fraud • If based on lack of jurisdiction, before it is barred by laches/estoppel. • Relief covers judgment, orders, resolution of RTC for which ordinary remedie of new trtial, appeal, petition for relief from judgment or other remedies are no longer available. • Grounds: (1) extrinsic fraud; and, (2) lack of jurisdiction • Extrinsic fraud is not a valid ground if it is/could have been availed of in motion for new trial/petition for relief from judgment • Doctrine of estoppel: partie can not question jurisdiction unless based on extrinsic fraud. • Extrinsic fraud: any fraudelent act of the prevailing party in the litigation which is committed outside trial of the case whereby the unuccesful party has been prevented for exhbiting full his case by fraud or deception practiced on him bu is opponent. Preventing a party from having his day in court. • Lack of jurisdiction as ground for annulment refers either to lack of jurisdiction on the person of the defendant and/or subject matter. • Annulment of udgment is recourse equitable in character allowed only in exceptional caes a when there is no available or other remedy. Jurisdiction Exercise of jurisdiction Authority to decide a cause Decision Subject Matter/Person of the Defendant Decision on all other questions arising in case Court's authority to decide Content of the Decision • Rule 47 does not cover Securitie and Exchange Commission (only Regional Trial Court) • Jurisdiction (Latin “juris” and “dico” (I speak by the law)): the power or capacity given b the law to a court or tribunal to entertain; hear ad determine certain controversies. • Lack of jurisdiction means all acts of the court are void. As if it was not done. • A wrongful or defective execution of power is voidable. Reversed or corrected by a motion. • Three elements to validaly try a case: (1) Jurisdiction over the subject matter; (2) jurisdiction over the parties/res in the case for non-resident defendant; and (3), the point to be decided in substance/issue presented in the pleading. • Annulment may be availed of even if the judgment has already been fully executed/ implemented. • The Supreme Court is not a trier of facts except when the factual findings of the Court of Appeal and the trial courts are conflicting/contradictory. • The failure to file an appellant brief results to dismissal of the case (Sec 1 (e) Rule 50). The negligence of the lawyer binds the client. .