1.

Obiter Dictum
4. Request for Admission (Rule 26)
A statement or remark in courts decision that is not essential
to the disposition of the case.

5. Production or Inspection of Documents or Things (Rule 27)

2. Splitting Cause of Action

6. Physical and Mental Examination of Persons (Rule 28)

the act of instituting two or more suits for the same cause of
action.

2. Remedies of party declared in default:

3. Action
Is a suit file in court for the enforcement or protection of a
right, or the prevention or redress of a wrong.
4. Venue
The place or geographical location where the case is to be
heard or tried.
5. Jurisdiction
The power and authority of the tribunal to hear, try and decide
a case.
6. Summons
is a writ by which the defendant is notified of the action
brought against him.

a) The defendant in default may, at any time after

discovery thereof and before judgment, file a motion,
under oath, to set aside the order of default on the
ground that his failure to answer was due to fraud,
accident, mistake or excusable neglect, and that he has
meritorious defenses; (Sec 3, Rule 18)
b) If the judgment has already been rendered when the
defendant discovered the default, but before the same
has become final and executory, he may file a motion
for new trial under Section 1(a) of Rule 37;
c) If the defendant discovered the default after the
judgment has become final and executory, he may file
a petition for relief under Section 2 of Rule 38; and
d) He may also appeal from the judgment rendered
against him as contrary to the evidence or to the law,
even if no petition to set aside the order of default has
been presented by him. (Sec.2, Rule 41)
3. Pleadings allowed by the ROC:

7. Motion

As provided by Section 2, Rule 6 of the Rules of Civil

Procedure, the following pleadings are allowed:

Motion is an application for relief other than by a pleading.

1. Complaint

8. Interlocutory Order

2. Answer

It is a temporary order issued during the course of litigation.

3. Counterclaim

9. Pleadings

4. Cross-claim

Are written statements of the respective claims and defenses of

the parties submitted to the court for resolution.

5. Third/fourth party complaint

6. Complaint-in=intervention

10. Residual jurisdiction

7. Reply
The residual jurisdiction of trial courts is available at a
stage in which the court is normally deemed to have lost
jurisdiction over the case or the subject matter involved in the
appeal.

4. Special civil action in the ROC

1. Interpleader (Rule 62)

1. Modes of discovery under the ROC:

2. Declaratory Relief and Similar Remedies (Rule 63)

1. Depositions pending Action (Rule 23)

3. Review of Judgments and Final Orders or Resolutions of the

COMELEC and COA

2. Depositions before Action or Pending Appeal (Rule 24)

4. Certiorari, Prohibition and Mandamus (Rule 65)
3. Written Interrogatories to Adverse Parties (Rule 25)

5. Quo Warranto (Rule 66)

4. What is the material data rule and its importance?
6. Expropriation (Rule 67)
A rule embodied in Section 6, Rule 41 of the ROC which
declares that the full names of all parties to the proceedings
shall be stated in the caption of the record on appeal and it
shall include the order or judgment from which the appeal is
taken, and in chronological order, copies of only such
pleadings, petitions, motions and all interlocutory orders are
related to the appealed order or judgment and necessary for the
proper understanding of the issue involved, together with such
data as will show that the appeal was perfected on time.

7. Foreclosure of Real Estate Mortgage (Rule 68)

8. Partition (Rule 69)
9. Forcible Entry and Unlawful Detainer (Rule 70)
10. Contempt (Rule 71)
5. Remedies after
and executory:

judgment

has

become

final

(a) Petition for relief from judgment;

(b) Action to annul a judgment;
(c) Certiorari; and
(d) Collateral attack of a judgment.
6. Requisites before a defending party may be declared in
default
Three requirements must be complied with before the court
can declare the defending party in default:
a) the claiming party must file a motion asking the court
to declare the defending party in default;
b) the defending party must be notified of the motion to
declare him in default and
c) the claiming party must prove that the defending party
has failed to answer within the period provided by the
Rules of Court.

1. What is the doctrine of primary jurisdiction?

It is the principle that the courts can not or will not determine a
controversy involving a question which is still pending
resolution within the special competency of an administrative
tribunal

A rule in Section6, Rule 41 of the ROC, to the effect that

where the trial court finds and declares in its order of approval
of a record on appeal that it was filed on time or within
the reglamentary period and the correctness, accuracy and
veracity of such finding are not impugned, questioned or
disputed by the adverse party, the non-inclusion of a motion or
order is not fatal and does not warrant dismissal of the appeal
since the appellate court may properly rely on the trial
courts order of approval and determination of the timeliness
of appeal.
---important to detemine the timeliness of the petition

5. What rule authorizes the issuance of nunc pro tunc

order?
( what specific provision in ROC? pakihanap nlng po )
The object of a judgment nunc pro tunc is not the rendering of
a new judgment and the ascertainment and determination of
new rights, but is one placing in proper form on the record, the
judgment that had been previously rendered, to make it speak
the truth, so as to make it show what the judicial action really
was, not to correct judicial errors, such as to render a judgment
which the court ought to have rendered, in place of the one it
did erroneously render, nor to supply nonaction by the court,
however erroneous the judgment may have been. (Wilmerding
vs. Corbin Banking Co., 28 South., 640, 641; 126 Ala., 268.)
---a judgment intended to enter into the record acts which had
already been done, but which do not yet appear in the records.

2. What is the doctrine of hierarchy of courts?

A higher court will not entertain direct resort to it unless relief
cannot be obtained in the appropriate lower courts.
3. Distinguish Rule 45 from Rule 65 of the ROC
Although both are certiorai, Rule 45 is a mode of appeal which
seeks to review final judgments or orders, while Rule 65 is a
special civil action which seeks to question the jurisdiction of a
tribunal that rendered the decision.
Questions of law vs questions of fact and law.

ELEMENTS OF RES JUDICATA:

1. court of competent jurisdiction
2. final judgment based on merits
3. same identity of parties
4. same cause of action