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Rule 19

1. May a third person intervene in a pending civil action?


2. Do you consider the person who wants to intervene is actually an – can you eqaute them?
NO kasi yung legal interest here is – that person who wants to intervene is an
indispensable party. Indispensable aprty – adversely affected without whom no final
determination can be had
3. Intervinos – interest
4. What is important – legal interest – one of the causes to intervene. As provided in section
rule 19, there are how many ways to intervene?
a. He has egal interest on the matter of litigation
b. Legal interest – meaning
5. Manner of intervening
a. Motion for leave to intervene
b. Must that comply in rule of motion – yes
6. X registered owner of a vehicle, posted the vehicle for sale. Y with his right approached
X and manifested willingness to buy vehicle, so they reached an agreement. XY bought
vehicle. But deed of conditional sale lang.. kasi for installment lang sya.. X registerewed
owner gave only the OR but did not give the CR. As agreed, spouses has to issue checks
each for 100k to cover agreed purchase price. He recovered vehicle forcibly to spouses..
unknown to x, Y and his wife were abe to get hold of the CR and mortgaged it. They
transferred the name to their name and mortgaged it to F bank. Case is filed by F against
mortgagors. X registered owner wants to intervene. Plaintiff opposed, saying NO when
spouses mortgaged the vehicle to us, the registration is now in the name of spouses bla..
if you were the judge will you grant the motion to intervene?
a. Grant!
b. For as long as the motion is supported by docu evid showing that intervenor has a
legal interest in the subject matterof the case. If he can show that the evidence that
he also owns and conditional sale meron sale sa mortgagor… may elgal interest
which is the vehicle
c. It is determining the propriety for him to intervene. If the third person who wants
to intervene has the legal interest to be protected.
7. What may be filed in intervention
8. Kelan magiging complaint in intervention
9. Instances in complaint in intervention
10. When are those instances instead of complaint in intervention, anser is filed
11. Is this possible in a counterclaim?
12. When is a compulsory counterclaim be possible and be filed? Arisies
13. What is a compulsory counterclaim? claim made by a defendant against a plaintiff that
arises from the same transaction or occurrence as the plaintiff's claim. The claim is
compulsory in this situation in that it must be raised in the defendant's answer, or it is
waived. If defendant fails to assert counterclaim in his answer, he is thereafter precluded
from asserting it against plaintiff in the plaintiff's pending action or in an independent
action.
An exception to this rule exists when the pleader fails to make the compulsory counterclaim
through oversight, inadvertence, or excusable neglect, or when justice requires-- then the pleader
may by leave of court set up counterclaim by amendment.
- Claim filed by defending party…
14. Is intervention possible in compulsory counterclaim? Delay, will that predjuice rights of
original parties, kasi macocomplicate yung issues. Most of that are to delay proceedings.
15. When can you file intervention?

LECTURE

Rule 21 - Subpoena

1. Kinds of subpoena
2. Do you need motion sap ag subpoena? NO. court process to compel attendance or
production of documents
3. May plaintiff presents his defendant as his witness? Yes considered as hostile witness
a. Remedy : quash subpoena
b. Grounds sa rule 21
4. How is it served?
a. Registered mail
b. Personal service blab la
5. Origin of modes of discovery

1. What are the modes of discovery?


2. These six modes of discovery available to criminal cases?
3. Why did janet napoles used deposition? Why is it there are depositions of foreigners,
conditional examination blab la? These modes are also applicable to crim cases. When
you present DNA evid, expert testimy, blood stain, blab la sa crim cases
4. Purpose : to gather facts, to resolve questions and facts to expedite proceedings.
a. To obtain facts to resolved qol to expedite proceedings
5. Two modes of taking deposittions : pending actions and blab la
6. Deposition pending actions. Who may file ?
7. Deposition before an action. Who may file?
8. Purpose of this mode discovery : to preserve his own testimony and

Rule 24 before 134 sa evidence

1. How will you commence this? Petition for depostition before action but since n
application is an application to allow you to impose, there is also a payment of docket
fees. When they file a petition, like requesting court to allow him to preserve testimony
of whoever that is substantial in the future, if he will file a case he already preserved
evidence.
2. Deposition may be done even during pendency case under rule 23 nga lang.
3. Petitioner must pay docket fees

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