Remedial Law Review (Part 1)

AVAIL the slides here: https://bit.ly/lexrexestore

TOPICS:
00:26 - Bar Prediction 2024: Are the four grounds for motions to dismiss under Rule 15 exclusive?
01:11 - Res Judicata vs. litis pendentia vs. prescription
07:41 - Katarungang Pambarangay - Lupong Tagapamayapa: Cases covered therein
11:31 - Question about MTC and RTC Jurisdiction
13:57 -- Exclusive Original Jurisdiction of MTC and RTC in Civil Cases
15:32 -- Exclusive Original Jurisdiction of MTC and RTC in Criminal Cases
16:48 - Rule governing unlawful detainer actions
17:37 -- Civil cases governed by Rules on Expedited Procedure
20:09 -- Verification
[More about verification (different video):    • Parts and Contents of Pleadings (Rule 7)  ]
23:46 - Filing Fees
28:44 -- Non-payment or erroneous payment of docket fees
30:16 - Preliminary Attachment
44:48 - Two Dismissal Rule (Ching vs. Cheng)
52:47 - Two Dismissal Rule (Requisites)
58:12 - Two Dismissal Rule (Requisites - shortcut terms)
59:27 -- ordinary actions vs. special civil actions vs. special proceedings


INDIVIDUAL QUESTIONS IN THIS VIDEO:
- What are the four grounds where a motion to dismiss is allowed?
- When can the court dismiss the case moto proprio when the aforementioned grounds appear?
- What action by the defendant is equivalent to service of summons?
- Bar 2018 Question #1:
- Was there a need to refer the case to the Lupong Tagapamayapa for prior barangay conciliation before the court can take cognizance of the case?
- Was the action properly instituted before the RTC of Davao City?
- Should the complaint be verified or is the certification sufficient?
- When is referral to the Lupong Tagapamayapa a pre-condition for the filing of a case in court?
- What are cases covered under the Katarungang Pambarangay?
- What cases fall under the jurisdiction of MTCs and RTCs?
- What Rules shall govern unlawful detainer actions?
- What civil cases are governed by the Rules on Expedited Procedures in the First Level Courts?
- What civil cases are governed by the Rules on Expedited Procedures in the First Level Courts?
- What is a small claim?
- Is there a fee?
- Should a complaint under the Rules on Expedited Procedure be Verified?
- Bar 2018 Question #2:
- If you were the Judge, will you grant the motion to dismiss?
- When should legal fees be paid?
- How should they be paid?
- How shall assess and collect legal fees?
- Why is payment of legal fees important?
- Can it be made to depend on the outcome of the case?
- Bar 2018 Question #3:
- Can the preliminary attachment issued by the Court in favor of Dinggoy be dissolved? What ground/s can Dodong's counsel invoke?
- If Dodong posts a counter bond, is he deemed to have waived any of his claims for damages arising from the issuance of the Order and writ of attachment?
- What is a preliminary attachment?
- What are provisional remedies?
- Examples of provisional remedies?
- What is the nature of preliminary attachment?
- What are the grounds upon which a party whose property has been ordered attached may file a motion to quash by filing a motion in court in which the action is pending before or after the levy?
- Bar 2018 Question #4:
- Will the two-dismissal rule apply making the second dismissal with prejudice?
- Bar 2017 Question:
- May Yana successfully invoke the Two-Dismissal Rule to bar Agatha's third complaint? Explain your answer.