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1.

Different modes of discovery:


A. Depositions pending action rule 23
B. Depositions before action or pending appeal rule 24
C. Written interrogatories to adverse parties rule 25
D. Admission by adverse parties rule 26
E. Production or inspection of documents or things rule 27
F. Physical and mental examination of persons rule 28
6. Consequences for refusal to comply with modes of discovery
Refer to Rule 30:

Sec 1. it may require the refusing party or deponent or the counsel advising
the refusal, or both of them, to pay the proponent the amount of the reasonable
expenses incurred in obtaining the order including attorney's fees.

Sec 2. to be cited for contempt in w/c case indirect contempt

Section 4. Expenses on refusal to admit. If a party after being served with a


request under Rule 26 to admit the genuineness of any document or the truth of
any matter of fact serves a sworn denial thereof and if the party requesting the
admissions thereafter proves the genuineness of such document or the truth of
any such matter of fact, he may apply to the court for an order requiring the other
party to pay him the reasonable expenses incurred in making such proof,
including attorney's fees. Unless the court finds that there were good reasons for
the denial or that admissions sought were of no substantial importance, such
order shall be issued. (4a)

Section 5. Failure of party to attend or serve answers. If a party or an officer


or managing agent of a party wilfully fails to appear before the officer who is to
take his deposition, after being served with a proper notice, or fails to serve
answers to interrogatories submitted under Rule 25 after proper service of such
interrogatories, the court on motion and notice, may strike out all or any part of
any pleading of that party, or dismiss the action or proceeding or any part thereof,
or enter a judgment by default against that party, and in its discretion, order him
to pay reasonable expenses incurred by the other, including attorney's fees

Expenses and attorney's fees against the Republic of the Philippines are not to
be imposed.

8. GROUNDS for dismissing a complaint


[Rule 16, Sec. 1]
(a) LOJ over the defendants person

(b) LOJ over the subject matter of the claim


(c) Improper venue
(d) Plaintiffs lack of legal capacity to sue
(e) Litis pendentia
(f) Res judicata
(g) Prescription
(h) Failure to state a cause of action
(i) Extinguished claim
(j) Unenforceable claim under the Statute of Frauds
(k) Non-compliance with a condition precedent for filing claim
12. A witness who is a convicted rapist serving time at the Davao Penal Farm.
How to obtain his appearance in court?
Rule 21, Sec. 2:
No prisoner sentenced to death, reclusion perpetua or life imprisonment and
who is confined in any penal institution shall be brought outside the said penal institution
for appearance or attendance in any court unless authorized by the Supreme Court
20. Yung mahabang problem. HAHAHAHA
Refer to Rule 38, Sec. 3:

A petition provided for in either of the preceding sections of this Rule must be verified, filed
within sixty (60) days after the petitioner learns of the judgment, final order, or other proceeding
to be set aside, and not more than six (6) months after such judgment or final order was
entered, or such proceeding was taken.

22. Three years after the receipt of the adverse judgment, the defendant filed a
petition to annul the judgment on the ground of extrinsic fraud. Such fraud,
according to the petitioner, was discovered by him a week following his and his
lawyers receipt of the judgment. If you were the judge, will you grant the
petition?
Answer: Yes, the petition should be granted as it is filed within 4 years from the
discovery of such intrinsic fraud. (Rule 47, Sec. 3)
As a general rule, extrinsic fraud as a ground for the annulment of judgment is only
proper when it was not, or could not have been availed of, in a motion for new trial or
petition for relief. (Rule 47, Section 2, par. 2)

In this case, motion for new trial was not and could not have been availed of because it
is already beyond the period for perfecting an appeal when the said extrinsic fraud was
discovered. (Rule 31, Section 1)
Relief of judgment could not have been availed of in this case because the period for
filing such (within 60 days after petitioner learns of the judgment, final order, etc. and not
more than 6 months after such judgment or order was entered) had already lapsed.
(Rule 38, Section 3)

23. Within what period should the following be filed?


a. notice of appeal Rule 40, Sec. 2 and Rule 41, Sec. 3:
Where a record on appeal is required, the appellant shall file a notice of appeal and a
record on appeal within thirty (30) days after notice of the judgment or final order.
b. annulment of judgment based on the ground of fraud within 4 years from the
discovery of extrinsic fraud (Rule 47, Sec 3)
c. motion for intervention at any time before the rendition of judgment by the trial court
(Rule 19, Sec. 2)
d. motion for execution of judgment within 5 years from the date of entry of the final
and executory judgment or order (Rule 39, Sec 6)

24. During the pendency of a petition for relief from judgment, what would you file
in order to prevent the judgment from being executed in the meantime?
Rule 38, Sec. 5 states:
The court in which the petition is filed may grant such preliminary injunction as may
be necessary for the preservation of the rights of the parties, upon the filing by the
petitioner of a bond in favor of the adverse party, conditioned that if the petition is
dismissed or the petitioner fails on the trial of the case upon its merits, he will pay the
adverse party all damages and costs that may be awarded to him by reason of the
issuance of such injunction or the other proceedings following the petition, but such
injunction shall not operate to discharge or extinguish any lien which the adverse party
may have acquired upon, the property, of the petitioner.
25. How may the following decisions be appealed?

a. decision of the MTC rendered in its appellate jurisdiction Rule 40, Sec. 3.
The appeal is taken by filing a notice of appeal with the court that rendered the
judgment or final order appealed from. The notice of appeal shall indicate the parties to
the appeal, the judgment or final order or part thereof appealed from, and state the
material dates showing the timeliness of the appeal.
A record on appeal shall be required only in special proceedings and in other cases of
multiple or separate appeals.
The form and contents of the record on appeal shall be as provided in section 6, Rule
41.
Copies of the notice of appeal, and the record on appeal where required, shall be
served on the adverse party. (n)

b. decisions/resolutions of the Civil Service Commission


Rule 43, sec. 5
Appeal shall be taken by filing a verified petition for review in seven (7) legible copies
with the Court of Appeals, with proof of service of a copy thereof on the adverse party
and on the court or agency a quo. The original copy of the petition intended for the
Court of Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of
Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs.
Exemption from payment of docketing and other lawful fees and the deposit for costs
may be granted by the Court of Appeals upon a verified motion setting forth valid
grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the
docketing and other lawful fees and deposit for costs within fifteen (15) days from notice
of the denial.