TERMS

MOTU PROPRIO
- on its own
- opposite: ON MOTION

DE PARTE PROCEEDING
- there must be notice served

FILE
- anything in court

SERVE
- anything to a party

ORDER
- always ISSUED

DECISION
- always RENDERED

PRIMA FACIE EVIDENCE

- one that can sufficiently establish a fact, unless controverted
— usually encountered in DEMURRER

PRIMA FACIE CASE

- a party has sufficiently produced evidence sufficient to establish a cause of action or
sufficient to establish a defense

WRIT v ORDER

WRIT
- is an order
- an order of the court that requires the party to do something or to refrain from doing
something or in giving something
- 3 kinds of Writs:
1) Prerogative - one that the court has discretion to grant or not
2) Ministerial - one that the court issues as a matter of right by the (i.e. Execution)
3) Extraordinary writs -

ORDER
- not all orders are writs
- may be a command, a notice, or a statement of fact — not necessarily an act
- anything the court wants to convey to the parties, always through an order

RESOLUTION
- used by appellate collegiate courts instead of “order”

RECORD
- used only in trial courts
- contains all pleadings, motions, etc
- in collegiate appellate courts, it is called EXPEDIENTE
- in the Supreme Court, it is called ROLLO

ANSWER
- responsive pleading to a complaint

COMMENT or OPPOSITION
- responsive pleading to a petition

AWARD
- decision when a party seeks for HA

In Criminal cases,
- can be either “accused of” or “Accused with”
- but “charged with”

REVISED PENAL CODE VIOLATIONS

- “accused WITH” or “charged WITH”

TERMS IN THE SUPREME COURT

RESOLUTION
1. EXTENDED - a resolution that deals with the merits of the cases and the matter under
consideration is a MOTION FOR RECONSIDERATION
1. if the decision / resolution of the SUPREME COURT
2. all participating justices sign
2. UNSIGNED - no justices signed
1. in , WALA AKONG MARINIG
3. MINUTE - it pertains to a resolution of dismissal on the basis technicality OR an
adjudication of the case on the merits but has no doctrinal value

“NO doctrinal value”

- a decision significant only between the parties, it has no doctrinal value
- only applies to parties interested

Decision “with doctrinal value"

-of general interest

Difference between LEVY and LIEN

LEVY
- official act of the sheriff in putting a property under custodia legis, subject to the disposition
of the court
- ONCE IN THE CUSTODY OF THE LAW, property cannot be subject of disposition without
permission of the court

GARNISHMENT
- levy on bank deposits
- once garnished, no transactions allowed without allowance from the court

LIEN
- en encumberance / burden attached to a property to answer for dispositions made by the
court
- the annotation in the title — evidence of the lien

SIGNIFICANCE OF ENCUMBERANCE
- it follows the property, wherever it may be or in whoever’s hands it may be

AFFIDAVITS

AFFIDAVIT OF MERIT
- (?) In provisional remedies - is meritorious and deserves to be the subject of the suit

AFFIDAVIT OF COMPLIANCE
- In provisional remedies - affiant puts in the grounds for the grant of the writ

JUDICIAL AFFIDAVIT
- taking direct testimony of the witness

JUDGMENTS

FINAL JUDGMENTS
- final and not yet appealable (?)
- separate judgment or several judgments
- cannot be the subject of execution it has to wait for all the resolution of the actions
-court may stay execution of judgments until termination of final case

FINAL AND EXECUTORY

- can already be the subject of execution

TRIALS

NEW TRIAL
- when? During the period of appeal (judgment has been rendered but not yet final)
- grounds: FAME or NDE

REOPENING OF TRIAL
- when? Before judgment is rendered but after parties have rested their case/s
- grounds: Denial of due process

RETRIAL
- used in criminal cases
- when? final judgment, which however is VOID
- grounds:

ACTIONS

ACCION IN PERSONAM
- privity in contract or transaction, which can result to personal liability of the defendant
- accion reinvindicatoria, publiciana
- decision is binding only upon the parties
- in Reinvindicatoria - a decision can be questioned by a third party
ACCTION IN REM
- proceeding which can result in decision which binds the whole world
- those under the Civil Code (Nullity of Marriage, Annulment of Marriage, etc)
- Land registration proceedings

ACCION IN QUASI IN REM

- pertains to a situation where a person is not a resident and his whereabout are unknown
who has properties in the PH
- Action for Recognition as a Natural Heir - person claims to be heir of a non-resident person
— exception to the G.R.
- even if defendant is not present, for as long res is present, the court can decide on the
case
- “res” = subject of the suit (SUBJECT = thing/right/status which is the matter under
dispute; SUBJECT MATTER = )
- In preliminary attachment,
- No personal liability granted by court because the action is quasi-in rem.

DISMISSAL vs. ACQUITTAL

DISMISSAL
- Motion for Dismissal
- No double jeopardy

ACQUITTAL
- must always be based on evidence
- Jeopardy attaches
ACTIONABLE DOCUMENT

DUE EXECUTION
- the document has been executed in accordance with the prescribed formalities thereof
(signatures, witnesses, etc)

GENUINENESS
- document which is authentic; one which is not fake; the very document which it purports to
be