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BARANGAY LAW:
Remedy: Defendant may file a Motion to Dismiss the case on the ground of
prematurity or failure to state a cause of action under Sec. 1 part (g), Rule 16
or based on failure to comply with the condition precedent.
AMICABLE SETTLEMENT / COMPROMISE AGREEMENT / NON-COMPLIANCE
Remedies: Execution of the amicable settlement within six (6) months after
date of settlement under Sec. 417 of R.A. 7160.
Repudiation of the settlement within ten (10) days from the date of
settlement by sworn statement on the ground that the consent was initiated
by fraud violence, or intimidation under Sec. 418 of R.A. 7160
Annulment of Compromise Agreement
Issuance of Certificate to file Action
In case the monetary claims does not exceed P100,000.00 file
complaint for small claims with MTC/MCTC.
RULE 2: CAUSE OF ACTION:
RULE 2, SEC. 4: SPLITTING OF CAUSE OF ACTION
Remedy for the defendant: Motion to Dismiss under Sec. 1 (e) Rule 16, on
the ground of litis pendentia or if there is already a final decision in the first
action on the ground of res indicate.
Remedy for the plaintiff appeal the order granting the motion to dismiss
since it is a final order;
RULE 2, SEC. 5: SEVERAL CAUSES OF ACTION:
Remedies: If there are several cause of actions between the same partiesjoinder of causes of action under Sec. 5, Rule 2
File a separate actions on the other causes of action not joined without
prejudice on the joint trial or consolidation of action under Sec. 1, Rule
31, or;
JUDGMENT BY DEFAULT:
Remedies: In case of judgment by default on the ground of FAME with
affidavit of merit.
In case of denial, file a Motion for Reconsideration, and if denied file a
Petition for certiorari under Rule 65 or file an appeal.
RULE 10: AMENDMENT OF PLEADING:
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party
may
file
an
Answer
to
the
Amended
Remedy: Defendant does not reside and not found in the Philippines affecting
his personal status or property in the Philippines, file a Motion to Serve
summons by publication of extra territorial service.
RULE 15: MOTION:
Remedy: In case of failure to comply with Sections 4 (hearing of motion), 5
(notice of hearing) & 6 (proof of service) of Rule 15, the motion shall be
considered as a mere scrap of paper, considered not filed the clerk of court
has no right to receive and the court has no right to act upon, and the
adverse party may move for the denial of the said motion, and does not tell
the running of prescriptive period to file the appeal / remedy.
RULE 15: MOTION TO DISMISS:
Sec. 1, Rule 16: Motion to Dismiss:
If the motion to dismiss is denied:
Remedy: File an Answer within the remaining period to file the same raising
the same grounds as an affirmative defenses proceed to trial and in case of
adverse decision appeal the decision unless the denial is attendant with
grave abuse of discretion, file a motion for reconsideration and if denied,
then file a petition for certiorari under Rule 68.
If the motion to dismiss if granted:
Remedies:
1. Lack of jurisdiction over the person of the defendant. REFILING of the
case;
2. Lack of jurisdiction over the subject matter. REFILING of the case with
the proper court; in case of denial CERTIORARI and/or PROHIBITION;
3. Improper venue. REFILING of the case with the proper venue; or if
erroneously denied PROHIBITION;
4. No legal capacity to sue. REFILING of the case.
5. Litis pendentia. DISMISSAL OF ONE OF THE ACTION
6. Barred by prior judgment / prescription. APPEAL
7. No cause of action. REFILING
8. Paid, waived, abandoned or extinguished. APPEAL
9. Statute of fraud. APPEAL
10.
Condition precedent. REFILING
RULE 17: DISMISSAL OF ACTION:
Sec. 1, Rule 17: Dismissal of action by notice:
In case the judgment is already final and executory, defendant may file
a Petition for Relief From Judgment under Rule 38 on the ground of FAME or
Petition for Annulment of Judgment under Rule 47 on the ground of FRAUD.
Sec. 6 Rule 6: Pre-Trial Brief:
Remedies: Failure to file pre-trial brief has the same effect as failure to
appear, please see remedies.
Pre-trial Order:
Remedy: In case of error in the Pre-trial Order, parties may move for the
amendment/correction of Pre-trail Order.
RULE 19: INTERVENTION:
Sec. 1, Rule 19: Who may intervene:
Remedies: If a person has a legal interest in the case, file a Motion for Leave
of Court to Intervene and if granted, file a complaint in intervention.
ON THE PART OF THE INTERVENOR:
Remedy: In case of improper denial, the remedy of the intervenor is to
Appeal the Order being final order.
ON THE PART OF THE ORIGINAL PARTIES:
Remedy: in case of improper denial the remedy of the original parties to the
case may file a Motion for Reconsideration on the Order granting the
amendment and if denied, file a Petition for Certiorari and Prohibition.
QUASHAL OF SUBPOENA:
Sec. 4, Rule 21: Quashal of Subpoena:
Remedy: If subpoena is unreasonable and oppressive or the books or
documents are irrelevant, the said person may file a Motion to Quash
Subpoena.
Sec. 9, Rule 21: Contempt:
Remedy: Failure to comply with the subpoena, the person subject of
subpoena may be cited for Contempt under Rule 71.
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