Injunction, Provisional Remedies, and Special Civil Actions Executive Class Sundays Regular Class Friday - Saturday Quiz

every meeting including the first day of class Grade Distribution Orals Quizzes Prelims Midterms Finals 10% 20% 20% 20% 30%

All students must obtain 75% average for the orals, quizzes, prelims, midterms, and finals. A student who fails to meet the 75% average will get a final grade of 5.0. Once a student obtains 75% average for the orals, quizzes, prelims, midterms, and finals, the student shall then shall be credited with the following bonuses in order to pull up the student's grade: Bonus points Outline of codal provisions and one-sentence holding of cases Drafting of pleadings/motions Attendance in court, as certified by the clerk of court, on a hearing for the application of a provisional remedy 5% 5% 5%

If the student does not meet the 75% average for the orals, quizzes, prelims, midterms, and finals, he will not be credited with the bonus points. In other words, don't rely on the bonus points; you will only pass my course if you pass the orals, quizzes, prelims, midterms, and finals. Instructions: 1. Bring a copy of the USJR prayer before and after meetings. Better if you have committed the prayer to heart. 2. USJR Law School dress code and other rules and regulations shall be strictly enforced. Failure to abide by the dress code will merit a day absence. 3. No going out of the classroom while classes are ongoing unless for emergency reasons. Going out without leave of the professor will merit a day absence. 4. Attendance is required. Those with more than 20% unexcused absences shall be given an automatic grade of 5.0. The excuse letter with supporting documents must be submitted either before the day of the intended absence, but no later than the next class session which the absentee shall attend. 5. I require a handwritten outline from each student for each (or a combination of each) provision of each Rule to be discussed prior to the start of the day when the Rule will be discussed, together with a onesentence holding of each assigned case applicable to the Rule. The handwritten outlie should be emailed to HelpMeBecomeALawyer@gmail.com no later than five (5) hours before the start of the class. I will not accept paper-printed outlines. The outline should follow, where applicable, the basic journalism outline of 5W (Who, What, Where, When, Why) and 1H (How). 5. Each student should be prepared to recite the entire assigned readings for the session. I will randomly call one to three students at most during each class session. If you have already recited, be prepared to recite again as the student shall be called randomly.

For the first meeting, please study the preliminary portion and Rule 57 and cases provided under the outline.
Preliminary 1. What are the different provisional remedies under the Rules of Court? Calo v. Roldan, 76 Phil. 445 Rule 57 Preliminary Attachment

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Grounds (1) a. Plaintiff b. Other Proper Party i. Borja v. Platon, 73 Phil. 659 c. What may be attached? i. Professional Video, Inc. v. TESDA, G.R. No. 155504, June 26, 2009 d. Liberty Insurance Corporation v. Court of Appeals, G.R. No. 104405, 222 SCRA 37, 45 [1993] e. Officer of a corporation i. Olsen v. Olsen, 48 Phil 238 f. Fraud Incurring the obligation i. Ng Wee v. Tankiansee, G.R. No. 171124, February 13, 2008 ii. FCY Construction Group, Inc. v. Court of Appeals, 381 Phil. 282 (2000). iii. Metro, Inc. v. Laras Gifts, G.R. No. 171741, November 27, 2009 iv. Republic v. Estate of Lim, G.R. No. 164800, July 22, 2009 v. Foundation Specialist, Inc. v. Betonval, G.R. No. 170674, 24 August 2009 g. Disposal in fraud of creditors i. Aboitiz v. Cotabato, 105 SCRA 88 h. Residing out of the Philippines i. Mialilhe v. De Lencquesaing, 142 SCRA 694 Issuance and Contents of Order (2) a. Ex parte i. (Toledo v. Burgos, 168 SCRA 513) b. Upon motion with notice and hearing c. Issued by: d. Contents: e. Torres v. Satsatin, G.R. No. 166759, November 25, 2009 Affidavit and bond (3, 4) a. The affidavit, and the bond required by the next succeeding section, must be duly filed with the court before the order issues. b. Affidavit of: i. Applicant ii. or of some other person who personally knows the facts c. Contents of Affidavit: i. that a sufficient cause of action exists, ii. that the case is one of those mentioned in section 1 hereof, iii. that there is no other sufficient security for the claim sought to be enforced by the action, and iv. that the amount due to the applicant, or the value of the property the possession of which he is entitled to recover, is as much as the sum for which the order is granted above all legal counterclaims.

Philippine Bank of Communications v. Court of Appeals, G.R. No. 115678. February 23, 2001 e. Ng Wee, id. f. Bond i. FROM: ii. TO: iii. AMOUNT: iv. PURPOSE: Case: Republic v. Garcia, G.R. No. 167741, 12 July 2007 4. Manner of Attaching Property (5) 5. Sheriffs Return (6) 6. Examination of Party (10) 7. Sale of attached property 8. Discharge of attachment a. Upon counterbond (12) b. G.B. Inc., v. Sanchez, 98 Phil. 886 (1956) i. Insular Savings Bank v. Court of Appeals, G.R. No. 123638, June 15, 2005 c. On other grounds (13) 9. Third party claim (14) a. Rural Bank of Sta. Barbara v. Manila Mission of Church of Jesus Christ , August 19, 2009 10. Balance collected upon execution (16) 11. Disposition 12. Claim for damages (20)

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